Opinion

Allen v. Allen

  • 235 N.C. 554
  • 70 S.E.2d 505
  • 1952 N.C. LEXIS 429
Court
Supreme Court of North Carolina
Filed
May 7, 1952
Status
Published
Author
Denny
On the bench
Denny
Cited by
3 cases
Authority
More cited than 62.7%

The opinion

DeNny, J.

The affidavit, summons, and pleadings of the plaintiff are not set forth in the transcript of the record, docketed in this Court, as required by Rule 19, sec. 1, of our Rules of Practice, 221 N.C. at page 553. The pleadings are an essential part of the record in order that we may be advised as to the nature of the action or proceeding. Insurance Co. v. Bullard, 207 N.C. 652 , 178 S.E. 113 .

Moreover, in a summary proceeding in ejectment the “oath in writing,” required by G.S. 42-28, must allege certain essential facts in order to confer jurisdiction. Howell v. Branson, 226 N.C. 264 , 37 S.E. 2d 687 . Therefore, the omission of these essential parts of the transcript, as required by our Rules, is fatal to the appeal. Ericson v. Ericson, 226 N.C. 474 , 38 S.E. 2d 517 ; Washington County v. Land Co., 222 N.C. 637 , 24 S.E. 2d 338 ; Bank v. McCullers, 211 N.C. 327 , 190 S.E. 217 ; Insurance Co. v. Bullard, supra; S. v. Lumber Co., 207 N.C. 47 , 175 S.E. 713 ; Waters v. Waters, 199 N.C. 667 , 155 S.E. 564 ; Plott v. Construction Co., *555 198 N.C. 782 , 153 S.E. 396 ; Schwarberg v. Howard, 197 N.C. 126 , 147 S.E. 741 . “Failure to send up necessary parts of the record proper has uniformly resulted in dismissal of the appeal.” Goodman v. Goodman, 208 N.C. 416 , 181 S.E. 328 ; Payne v. Brown, 205 N.C. 785 , 172 S.E. 348 ; Riggan v. Harrison, 203 N.C. 191 , 165 S.E. 358 ; 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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.