Woody Bros. Bakery v. Greensboro Life Insurance

161 S.E. 554, 201 N.C. 816, 1931 N.C. LEXIS 110

Opinion

Pee, Cubiam.

The only assignment" of error on defendant’s appeal to this Court is based upon its exception to'the judgment of the Superior Court. The defendant does not assign as errors the decisions of the judge of the Superior Court of the questions of law presented to said court by its assignments of error on its appeal from the judgment of the general county court. These assignments of error were not sustained by the Superior Court. They are discussed in the brief filed in this Court by counsel for defendant. They cannot be considered, however, on this appeal. Smith v. Texas Co., 200 N. C., 39, 156 S. E., 160; Davis v. Wallace, 190 N. C., 543, 130 S. E., 176; Smith v. Winston-Salem, 189 N. C., 178, 126 S. E., 514. This Court will consider and pass upon only exceptions duly noted by the appellant to decisions of the court below on matters of law or legal inference. Its jurisdiction as an appellate court is conferred by the Constitution, Art. IY, sec. 8. It has no jurisdiction except to review, upon appeal, decisions of the court below on matters of law or legal inference. It can exercise this jurisdiction only when the decisions of the court below are properly presented by assignments of error based upon exceptions duly taken. Rawls v. Lupton, 193 N. C., 428, 137 S. E., 175. There is no error in the judgment of the Superior Court. It is

Affirmed.