Washington County v. Norfolk Southern Land Co.

24 S.E.2d 338, 222 N.C. 637, 1943 N.C. LEXIS 394

• Court: Supreme Court of North Carolina
• Decided: March 3, 1943
• Status: Published

Opinion

Winborne, J.

While it may well be doubted that any valid exceptive assignment of error has been made to appear, it is noted at the threshold of this appeal that the pleadings are not contained in the record. Only excerpts from the complaint are shown in the findings of fact, to which the parties agree. Hence, in accordance with the uniform practice in such cases, the appeal must be dismissed. See S. v. Lumber Co., 207 N. C., 47, 175 S. E., 713, and cases there cited. Rule 19, section 1, of the Rules of Practice in the Supreme Court, 221 N. C., 544, at page 553, requires “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.” And, in Rule 20 of said Rules of Practice, it is provided that “memoranda of pleadings will not be received or recognized in the Supreme Court as pleadings, even by consent.” See Plott v. Construction Co., 198 N. C., 782, 153 S. E., 396. Moreover, it is pointed out in Pruitt v. Wood, 199 N. C., 788, 156 S. E., 126, and in numerous later decisions, “that the rules of this Court, governing appeals, are manda tory and not directory.” “Tbe pleadings are essential in order that we may be advised as to tbe nature of tbe action or proceeding. . . . ~We can judicially know only wbat properly appears on tbe record.” S. v. Lumber Co., supra.

Appeal dismissed.