Southern Bell Telephone & Telegraph Co. v. Petty Communications, Inc.

Court of Appeals of North Carolina

Southern Bell Telephone & Telegraph Co. v. Petty Communications, Inc.

219 S.E.2d 800, 27 N.C. App. 673, 1975 N.C. App. LEXIS 1943

CourtCourt of Appeals of North Carolina

DecidedDecember 3, 1975

DocketNo. 7518DC620

StatusPublished

Cited by3 cases

This text of 219 S.E.2d 800 (Southern Bell Telephone & Telegraph Co. v. Petty Communications, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Southern Bell Telephone & Telegraph Co. v. Petty Communications, Inc., 219 S.E.2d 800, 27 N.C. App. 673, 1975 N.C. App. LEXIS 1943 (N.C. Ct. App. 1975).

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Opinion

BRITT, Judge.

All of appellant’s exceptions relate to the findings of fact set forth in the judgment but the record on appeal does not contain the evidence presented at trial. It is well settled that when the evidence is not included in the record, it will be presumed that the evidence was sufficient to support the findings of fact. Mt. Olive v. Price, 20 N.C. App. 302, 306, 201 S.E. 2d 362, 364 (1973) ; Cobb v. Cobb, 10 N.C. App. 739, 741, 179 S.E. 2d 870, 871 (1971) ; 1 Strong, N. C. Index 2d, Appeal and Error, § 42 at p. 185.

The findings of fact support the trial court’s conclusions of law and adjudication that plaintiff is entitled to recover from appellants the amounts provided in the judgment.

Affirmed.

Judges Vaughn and Arnold concur.

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BRITT, Judge.

All of appellant’s exceptions relate to the findings of fact set forth in the judgment but the record on appeal does not contain the evidence presented at trial. It is well settled that when the evidence is not included in the record, it will be presumed that the evidence was sufficient to support the findings of fact. Mt. Olive v. Price, 20 N.C. App. 302, 306, 201 S.E. 2d 362, 364 (1973) ; Cobb v. Cobb, 10 N.C. App. 739, 741, 179 S.E. 2d 870, 871 (1971) ; 1 Strong, N. C. Index 2d, Appeal and Error, § 42 at p. 185.

The findings of fact support the trial court’s conclusions of law and adjudication that plaintiff is entitled to recover from appellants the amounts provided in the judgment.

Affirmed.

Judges Vaughn and Arnold concur.

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219 S.E.2d 800, 27 N.C. App. 673, 1975 N.C. App. LEXIS 1943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-bell-telephone-telegraph-co-v-petty-communications-inc-ncctapp-1975.

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