State v. Ravensford Lumber Co.

175 S.E. 713, 207 N.C. 47, 1934 N.C. LEXIS 377

Opinion

Staoy, C. J.

It may well be doubted whether any valid exceptive assignment of error has been made to appear, but as the pleadings on which the case was tried have been omitted from the record, the appeal must be dismissed in accordance with the uniform practice in such cases. Payne v. Brown, 205 N. C., 785, 172 S. E., 348; Parles v. Seagraves, 203 N. C., 647, 166 S. E., 747; Armstrong v. Service Stores, 203 N. C., 231, 165 S. E., 680; Everett v. Fair Association, 202 N. C., 838, 162 S. E., 896; Pruitt v. Wood, 199 N. C., 788, 156 S. E., 126. Failure to send up necessary parts of tbe record proper has uniformly resulted in dismissal of the appeal. Riggan v. Harrison, 203 N. C., 191, 165 S. E., 358; Waters v. Waters, 199 N. C., 667, 155 S. E., 564.

It is provided by Rule 19, sec. 1, of the Rules of Practice, that “the pleadings on which the case is tried, the issues, and the judgment appealed from shall be a part of the transcript in all cases.” The pleadings are essential in order that we may be advised as to the nature of the action or proceeding. Waters v. Waters, supra. We can judicially know only what properly appears on the record. Chesson v. Bank, 190 N. C., 187, 129 S. E., 403; S. v. Wheeler, 185 N. C., 670, 116 S. E., 413; Walton v. McKesson, 101 N. C., 428, 7 S. E., 566.

Appeal dismissed.

SciieNCk, J., took no part in the consideration or decision of this case.