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Bourne v. Edwards

Supreme Court of North Carolina
Sep 1, 1953
77 S.E.2d 616 (N.C. 1953)

Opinion

Filed 23 September, 1953.

Appeal and Error 6c (2) — An exception to the signing and entering of the judgment presents only the face of the record for review, and when the judgment is supported by the record the appeal must fail.

APPEAL by defendant from Parker, J., and a jury, at April Term, 1953, of EDGECOMBE.

Herbert H. Taylor, Jr., for plaintiff, appellee.

Floyd T. Hall and P. H. Bell for defendant, appellant.


Civil action to recover on claim rejected by the defendant administrator under G.S. 28-112.

An issue of debt was submitted to and answered by the jury as follows: "In what amount, if any, is defendant indebted to plaintiff?

"Answer: $636.80, plus 6% interest after June 18, 1952."

From judgment on the verdict, the defendant appealed.


The only exception appearing in the record is to the signing and entering of the judgment from which the appeal is taken. This presents only the face of the record for inspection and review, and when the judgment is supported by the record the appeal must fail. Query v. Insurance Co., 218 N.C. 386, 11 S.E.2d 139; Smith v. Smith, 226 N.C. 506, 39 S.E.2d 391. Here the verdict supports the judgment and no error appears on the face of the record.

No error.


Summaries of

Bourne v. Edwards

Supreme Court of North Carolina
Sep 1, 1953
77 S.E.2d 616 (N.C. 1953)
Case details for

Bourne v. Edwards

Case Details

Full title:HENRY C. BOURNE v. FRED EDWARDS, ADMINISTRATOR OF DOUGLASS EDWARDS…

Court:Supreme Court of North Carolina

Date published: Sep 1, 1953

Citations

77 S.E.2d 616 (N.C. 1953)
77 S.E.2d 616

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