# Harney v. Mayor

> Supreme Court of North Carolina · May 5, 1948 · 229 N.C. 71

URL: https://www.frixlaw.com/law-library/cases/6698944

## Case

- **Full name:** W. T. HARNEY, J. S. LOWRY and J. P. McLAURIN v. THE MAYOR and THE BOARD OF COMMISSIONERS OF THE TOWN OF McFARLAN, CLEVE NORTHCOTT, Mayor, and A. B. MOORE, FLAY CANIPE, J. T. MOORE, BRYANT TEAL, and EUGENE BRASWELL, Members of the Board of Commissioners of the Town of McFARLAN
- **Court:** Supreme Court of North Carolina
- **Decided:** May 5, 1948
- **Citations:** 229 N.C. 71
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Denny
- **Judges:** Denny
- **Cited by:** 0 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/6698944

## Opinion text

Denny, J.
It does not appear on this record that the purported case on appeal was served on the appellees, or that it was settled by agreement or otherwise.
“Exceptions which point out alleged errors occurring during the progress of a trial in which oral testimony is offered can be presented only through a ‘case on appeal’ or ‘case agreed.’ Cressler v. Asheville, supra ( 138 N. C., 482 , 51 S. E., 53 ).” Russos v. Bailey, 228 N. C., 783 , 47 S. E. (2d), 22 .
Hence, the exception to the judgment presents the only question for consideration on the appeal. The judgment is supported by the findings of fact, and must, therefore, be upheld. Wilson v. Robinson, 224 N. C., 851 , 32 S. E. (2d), 601 ; Rader v. Coach Co., 225 N. C., 537 , 35 S. E. (2d), 609 ; Fox v. Mills, Inc., 225 N. C., 580 , 35 S. E. (2d), 869 ; Hughes v. Oliver, 228 N. C., 680 , 47 S. E. (2d), 6 ; Roach v. Pritchett, 228 N. C., 747 , 47 S. E. (2d), 20 ; Russos v. Bailey, supra; Western N. C. Conference v. Tally, ante, 1.
The judgment below is
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6698944. Public record. Not legal advice.