Opinion

Vance v. Hampton

  • 256 N.C. 557
  • 124 S.E.2d 527
  • 1962 N.C. LEXIS 484
Court
Supreme Court of North Carolina
Filed
Mar 21, 1962
Status
Published
On the bench
Sharp
Cited by
10 cases
Authority
More cited than 91.1%

The opinion

Per Curiam.

An assignment of error not supported by an exception is ineffectual.

Barnette v. Woody,

242 N.C. 424 , 88 S.E. 2d 223 . Here, no exception appears in the entire case on appeal. Hence, there is no basis for the assignments of error appellant attempts to set forth; and no question of law is presented to this Court for decision.

Rigsbee v. Perkins,

242 N.C. 502 , 87 S.E. 2d 926 ;

Tynes v. Davis,

244 N.C. 528 , 94 S.E. 2d 496 . See Rules 19(3) and 21, Rules of Practice in the Supreme Court, 254 N.C. 783 ,

et seq.

Purported exceptions appearing nowhere except in the assignments of error will not be considered on appeal.

Holden v. Holden,

245 N.C. 1 , 95 S.E. 2d 118 .

The only question raised by an exception to the judgment is whether error of law appears upon the face of the record.

Lowie & Co. v. Atkins,

245 N.C. 98 , 95 S.E. 2d 271 , and cases cited. Here, no error of law appears on the face of the record. Hence, Judge Walker’s order of August 15, 1961, is affirmed.

It is noted that neither Judge Earthing’s order of June 16, 1961, nor Judge Walker’s order of August 15, 1961, dismisses the action. If plaintiff should file a complaint herein and defendants should answer, and an issue is raised by the pleadings as to the validity of the action taken at the meeting held July 18, 1961, the

findings of fact

or

recitals

in Judge Walker’s order of August 15, 1961, relevant solely in determining whether

the temporary

restraining order of July 29, 1961, should be continued in effect or dissolved, will not be binding upon the parties at trial.

Affirmed.

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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