Public-domain · open source
OpenJurist

240 N.C. 473

82 S.E.2d 208

Moore v. Crosswell

Supreme Court of North Carolina

Decided June 4, 1954

Supreme Court of North Carolina · decided 1954-06-04

Key passage — most relied on by later courts

““ ‘While exceptions to the charge may be noted after trial, when the statement of case on appeal is prepared, even so, such exceptions should be included in appellant’s statement of case on appeal as served on the appellee, in order that the latter may be fully apprised at that juncture of the theory of the appeal.’ Moore v. Crosswell, 240 N.C. 473 , 82 S.E. 2d 208 . Since the ‘exceptions’ do not specify wherein it is claimed the court erred in instructing the jury, they are broadside and wholly ineffectual to support the assignments of error.””

quoted by 1 later decision, including 20 N.C. App. 445 - Performance Motors, Inc. v. Allen

Relies on Salley v. Fayetteville Coca-Cola Bottling Co. · Donnell v. Cox · Smith v. . Smith

Good law ✅— No negative treatment on recordhow we know

Decided 1954-06-04

How this case has been cited

Cited by 26 later decisions — most recently January 1974 · most notably State v. Gordon (1955), City of Goldsboro v. Atlantic Coast Line Railroad Co. (1957)

26 state decisions

140195419601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

JoiiNsoN, J.

¶1 This appeal is predicated upon assignments of error, both of omission and commission, in the charge. Yet, the assignments urged are not supported by exceptions previously noted as required by our rules. See Rules 19 (3) and 21, Rules of Practice in the Supreme Court, 221 N.C. 554. While exceptions to the charge may be noted after trial, when the statement of case on appeal is prepared, even so, such exceptions should be included in appellant’s statement of case on appeal as served on the appellee, in order that the latter may be fully apprised at that juncture of the theory of the appeal. The assignment of errors, not necessarily being a part of the statement of case on appeal, may be prepared later. The function of the assignment of errors is to group and bring forward such of the exceptions previously noted in the case on appeal as the appellant desires to preserve and present to the Court. 3 Am. Jur., Appeal and Error, Sections 694 and 695. Therefore, an assignment of error not supported by an exception will be disregarded. Worley v. Logging Co., 157 N.C. 490, 73 S.E. 107. It is so ordered here.

¶2 The only exception appearing in the record is to the signing and entering of the judgment from which the appeal is taken. This presents only the face of the record proper for inspection and review, and when no *475 error appears thereon, the appeal must fail. Query v. Insurance Co., 218 N.C. 386, 11 S.E. 2d 139; Smith v. Smith, 226 N.C. 506, 39 S.E. 2d 391; Bourne v. Edwards, 238 N.C. 261, 77 S.E. 2d 616; Donnell v. Cox, ante, 259, 81 S.E. 2d 664. Here the verdict supports the judgment and no error appears on the face of the record.

¶3 No error.

/240/nc/473 · .json · Public domain