# State v. Ravensford Lumber Co.

> Supreme Court of North Carolina · September 19, 1934 · 207 N.C. 47

URL: https://www.frixlaw.com/law-library/cases/3655418

## Case

- **Full name:** STATE OF NORTH CAROLINA v. RAVENSFORD LUMBER COMPANY Et Al.
- **Court:** Supreme Court of North Carolina
- **Decided:** September 19, 1934
- **Citations:** 207 N.C. 47; 175 S.E. 713; 1934 N.C. LEXIS 377
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Staoy
- **Judges:** Staoy, Sciienck
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3655418

## Opinion text

Staoy, C. J.
It may well be doubted whether any valid exceptive assignment of error has been made to appear, but as the pleadings on which the case was tried have been omitted from the record, the appeal must be dismissed in accordance with the uniform practice in such cases.
Payne v. Brown,
205 N. C., 785 , 172 S. E., 348 ;
Parles v. Seagraves,
*48
203 N. C., 647 , 166 S. E., 747 ;
Armstrong v. Service Stores,
203 N. C., 231 , 165 S. E., 680 ;
Everett v. Fair Association,
202 N. C., 838 , 162 S. E., 896 ;
Pruitt v. Wood,
199 N. C., 788 , 156 S. E., 126 . Failure to send up necessary parts of tbe record proper has uniformly resulted in dismissal of the appeal.
Riggan v. Harrison,
203 N. C., 191 , 165 S. E., 358 ;
Waters v. Waters,
199 N. C., 667 , 155 S. E., 564 .
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, supra. We
can judicially know only what properly appears on the record.
Chesson v. Bank,
190 N. C., 187 , 129 S. E., 403 ;
S. v. Wheeler,
185 N. C., 670 , 116 S. E., 413 ;
Walton v. McKesson,
101 N. C., 428 , 7 S. E., 566 .
Appeal dismissed.
SciieNCk, J., took no part in the consideration or decision of this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3655418. Public record. Not legal advice.