Pace v. Pace

Supreme Court of North Carolina

Pace v. Pace

94 S.E.2d 819, 244 N.C. 698, 1956 N.C. LEXIS 495

CourtSupreme Court of North Carolina

DecidedOctober 31, 1956

Docket392

StatusPublished

Cited by6 cases

This text of 94 S.E.2d 819 (Pace v. Pace) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pace v. Pace, 94 S.E.2d 819, 244 N.C. 698, 1956 N.C. LEXIS 495 (N.C. 1956).

Pincite

Opinion

Per Curiam.

At the threshold- of this appeal it is noted that the pleadings are not contained in the record filed in this Court. Pleadings are a necessary part of the record proper upon appeal — Rule 19, Section 1, of the Rules of Practice in the Supreme Court, 221 N.C. 544, at page 553. And Rule 20 of Rules of Practice provides that “Memoranda of pleadings will not be received or recognized in the Supreme Court as pleadings, even by consent.” Failure to send up necessary parts of the record proper has uniformly resulted in dismissal of the appeal. See among others S. v. Lumber Co., 207 N.C. 47, 175 S.E. 713, and cases cited. See also Shepard’s North Carolina Citations, headnote 1, of S. v. Dumber Co., supra, including Griffin v. Barnes, 242 N.C. 306, 87 S.E. 2d 560.

Nevertheless, in the light of the public policy of this State that a father shall provide necessary support for his minor children, “a duty he may not shirk, contract away, or transfer to another,” Ritchie v. White, 225 N.C. 450, 35 S.E. 2d 414, error in the order of 4 August, 1956, is not made to appear.

Appeal dismissed.

Johnson, J., not sitting.

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Per Curiam.

At the threshold- of this appeal it is noted that the pleadings are not contained in the record filed in this Court. Pleadings are a necessary part of the record proper upon appeal — Rule 19, Section 1, of the Rules of Practice in the Supreme Court, 221 N.C. 544, at page 553. And Rule 20 of Rules of Practice provides that “Memoranda of pleadings will not be received or recognized in the Supreme Court as pleadings, even by consent.” Failure to send up necessary parts of the record proper has uniformly resulted in dismissal of the appeal. See among others S. v. Lumber Co., 207 N.C. 47, 175 S.E. 713, and cases cited. See also Shepard’s North Carolina Citations, headnote 1, of S. v. Dumber Co., supra, including Griffin v. Barnes, 242 N.C. 306, 87 S.E. 2d 560.

Nevertheless, in the light of the public policy of this State that a father shall provide necessary support for his minor children, “a duty he may not shirk, contract away, or transfer to another,” Ritchie v. White, 225 N.C. 450, 35 S.E. 2d 414, error in the order of 4 August, 1956, is not made to appear.

Appeal dismissed.

Johnson, J., not sitting.

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Bluebook (online)

94 S.E.2d 819, 244 N.C. 698, 1956 N.C. LEXIS 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pace-v-pace-nc-1956.

Opinion

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