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244 N.C. 698

94 S.E.2d 819

Pace v. Pace

Supreme Court of North Carolina

Decided October 31, 1956

Supreme Court of North Carolina · decided 1956-10-31

Key passage — most relied on by later courts

“`a duty he may not shirk, contract away, or transfer to another'”

quoted by 1 later decision, including Medley v. North Carolina Department of Correction

Relies on Salley v. Fayetteville Coca-Cola Bottling Co. · Ritchie v. . White · Ritchie v. White

Good law ✅— No negative treatment on recordhow we know

Decided 1956-10-31

How this case has been cited

Cited by 7 later decisions — most recently January 1994

7 state decisions

3019561960197019801990decided

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 →

Per Curiam.

¶1 At the threshold- of this appeal it is noted that the pleadings are not contained in the record filed in this Court. Pleadings are a necessary part of the record proper upon appeal — Rule 19, Section 1, of the Rules of Practice in the Supreme Court, 221 N.C. 544, at page 553. And Rule 20 of Rules of Practice provides that “Memoranda of pleadings will not be received or recognized in the Supreme Court as pleadings, even by consent.” Failure to send up necessary parts of the record proper has uniformly resulted in dismissal of the appeal. See among others S. v. Lumber Co., 207 N.C. 47, 175 S.E. 713, and cases cited. See also Shepard’s North Carolina Citations, headnote 1, of S. v. Dumber Co., supra, including Griffin v. Barnes, 242 N.C. 306, 87 S.E. 2d 560.

¶2 Nevertheless, in the light of the public policy of this State that a father shall provide necessary support for his minor children, “a duty he may not shirk, contract away, or transfer to another,” Ritchie v. White, 225 N.C. 450, 35 S.E. 2d 414, error in the order of 4 August, 1956, is not made to appear.

¶3 Appeal dismissed.

Johnson, J., not sitting.
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