Sanders v. . Sanders

160 S.E. 289, 201 N.C. 350, 1931 N.C. LEXIS 238

Opinion

Stacy, C. J.

The following appears in the agreed statement of case on appeal: “The defendants’ only exception is to the order of the court striking- out the further defense of the defendants and directing a verdict.”

At the close of the case it is stated: “The only exception was to the judgment as signed.” This, of course, is without merit, as the verdict supports the j'udgment.

No assignments of error accompanied the case as certified by the clerk of the Superior Court, but certain purported assignments of error baye been added since tbe case was filed here, one of which is to an alleged “error appearing on tbe face of tbe statement of case on appeal.” Only exceptive assignments of error are considered on appeal. Rule 19, Rules of Practice, 200 N. C., 824; Rawls v. Lupton, 193 N. C., 428, 137 S. E., 175.

Furthermore, tbe transcript is imperfect, in that, no summons appears in tbe record and there is nothing to show that tbe term of court was regularly held or that tbe cause was properly constituted in court. Jones v. Hoggard, 107 N. C., 349, 12 S. E., 286. In this state of tbe record, tbe appeal must be dismissed for failure to comply with tbe rules. Hobbs v. Cashwell, 158 N. C., 597, 74 S. E., 23; Pruitt v. Wood, 199 N. C., 788, 156 S. E., 126.

Appeal dismissed.