Pemberton v. City of Greensboro

166 S.E. 396, 203 N.C. 514, 1932 N.C. LEXIS 27

• Court: Supreme Court of North Carolina
• Decided: November 16, 1932
• Status: Published

Opinion

Stacy, C. J.

It may be doubted whether the exception is sufficiently definite to enable us to review the different specifications, but however this may be, it is not discernible from the record that any harm has come, or is likely to come, to the defendant by reason of the court’s ruling. Hosiery Mill v. Hosiery Mill, 198 N. C., 596, 152 S. E., 794; Ellis v. Ellis, ibid., 767, 153 S. E., 449.

It is readily conceded that nothing ought to be in a complaint, or remain there over objection, which is not competent to be shown on the hearing. C. S., 506; 21 R. C. L., 452. But the matter can better be determined after the bill of particulars has been filed. S. v. Lumber Co., 199 N. C., 199, 154 S. E., 72. See, Hines v. Rocky Mount, 162 N. C., 409, 78 S. E., 510, for scope of recoverable damages.

. As no substantial right, of which the defendant can apparently complain, has presently been affected or impaired, the judgment will not be disturbed. C. S., 537; McIntosh, N. C. P. & P., 378.

Affirmed.