Summary
In Pegram v. Hester, 152 N.C. 765, the same motion was made because "there is no assignment of errors in the record" and the Court, quoting, at length, from the opinion of Walker, J., in Smith v. Manufacturing Co., 151 N.C. 261, and citing other cases, affirmed the judgment on that ground.
Summary of this case from Jones v. R. ROpinion
(Filed 17 May, 1910.)
Appeal and Error — Exceptions — Rule 27 — Procedure.
Upon motion, the Supreme Court will affirm the judgment of the lower court for failure of the appellant to make the assignment of errors of record required by Rule 27, after examination of the record proper and no errors appearing thereon.
APPEAL by plaintiff from Jones, J., at September Term, 1909, of FORSYTH.
J. S. Grogan for plaintiff.
Lindsay Patterson for defendant.
There are no assignments of error in the record, as required by Rule 27 of this Court. The appellant moves to affirm the judgment on that ground, and the motion must be allowed, there being no errors apparent on the face of the record proper. At the last term, in Smith v. Manufacturing Company, 151 N.C. 261, Walker, J., said: "We must insist upon a strict compliance with the rule, which required an assignment of errors relied on in this Court." Then, after giving the reason for the rule, he adds that without such assignments (766) of error the Court would not enter upon a consideration of the case on its merits, but would examine the record proper only, and if no errors appeared thereon would affirm the judgment, as the Court had heretofore done, citing Davis v. Wall, 142 N.C. 450; Marable v. R. R., 142 N.C. 564; Lee v. Baird, 146 N.C. 361; Thompson v. R. R., 147 N.C. 412; Ullery v. Guthrie, 148 N.C. 417. The judgment is therefore
Affirmed.
Cited: Jones v. R. R., 153 N.C. 423; Wheeler v. Cole, 164 N.C. 380; Carter v. Reaves, 167 N.C. 132.