Opinion

Farmers Bank of Clayton v. McCullers

  • 211 N.C. 327
  • 190 S.E. 217
  • 1937 N.C. LEXIS 85
Court
Supreme Court of North Carolina
Filed
Mar 17, 1937
Status
Published
Author
Stacy
On the bench
Stacy
Cited by
7 cases
Authority
More cited than 70.2%

The opinion

Stacy, C. J.

It is stipulated by counsel “that the original records in the cases are not necessary on the appeal, and are therefore omitted by consent.” This is fatal to the appeal.

Ins. Co. v. Bullard,

207 N. C.,

*328

652, 178 S. E., 113 . Compare

Corp. Com. v. Trust Co.,

194 N. C., 239 , 139 S. E., 244 . It is provided by Rule 19, sec. 1, of the Rules of Practice 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.” The pleadings are essential in order that we may be advised as to the nature of the action or proceeding.

Waters v. Waters,

199 N. C., 667 , 155 S. E., 564 .

The record consists of certain judgments, orders, and reports. No written motion or application of appellant appears in the transcript. Indeed, the judgment from which the appeal is taken contains no reference to such motion. The record is too meager “to establish the jurisdiction of this Court and put it in efficient relation and connection with the-court below.”

Walton v. McKesson,

101 N. C., 428 , 7 S. E., 566 ;

Payne v. Brown,

205 N. C., 785 , 172 S. E., 348 . Failure to send up adequate record has uniformly resulted in dismissal of the appeal.

S. v. Lbr. Co.,

207 N. C., 47 , 175 S. E., 713 . Judicial knowledge arises only from what properly appears on the record.

Goodman v. Goodman,

208 N. C., 416 , 181 S. E., 328 ;

Ins. Co. v. Bullard, supra.

On the authorities cited, and others of similar import, the attempted appeal must be dismissed.

Riggan v. Harrison,

203 N. C., 191 , 165 S. E., 358 ;

Waters v. Waters, supra; Pruitt v. Wood,

199 N. C., 788 , 156 S. E., 126 .

Appeal dismissed.

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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