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246 N.C. 336

98 S.E.2d 302

Weddle v. Weddle

Supreme Court of North Carolina

Decided May 22, 1957

Supreme Court of North Carolina · decided 1957-05-22

Relies on Putnam v. Triangle Publications, Inc. · City of Goldsboro v. Atlantic Coast Line Railroad Co. · Waddell v. Carson

Good law ✅— No negative treatment on recordhow we know

Decided 1957-05-22

How this case has been cited

Cited by 14 later decisions — most recently November 1979

14 state decisions

60195719601970decided

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.

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PER OüRiam.

¶1 The respondent’s only exception is found in the appeal entries. It embraces (1) the refusal of the court to sign the judgment tendered by the respondent, (2) the findings of fact contained in the judgment entered by the court, and (3) the judgment as entered. The exception is broadside and is ineffectual to support an assignment of error to the judgment tendered and refused or to the findings of fact. Suits v. Insurance Co., 241 N.C. 483, 85 S.E. 2d 602. Similarly, the assignments of error to the judgment tendered and to the findings of fact are broadside in form. These assignments present nothing for review. This is so both because of their broadside form and for the further reason that they are unsupported by valid exceptions. Putnam v. Publications, 245 N.C. 432, 96 S.E. 2d 445; Waddell v. Carson, 245 N.C. 669, 97 S.E. 2d 222; S. v. Worley, ante, 202, 97 S.E. 2d 837. However, the respondent’s appeal itself constitutes an exception to the *338 judgment and supports for review purposes the assignment of error based thereon. But this assignment presents only the questions whether the facts found support the judgment and whether error of law appears upon the face of the record. Goldsboro v. R. R., ante, 101, 97 S.E. 2d 486; Muilenburg v. Blevins, 242 N.C. 271, 87 S.E. 2d 493. This assignment of error does not present for review the findings of fact or the evidence upon which they are based. Merrell v. Jenkins, 242 N.C. 636, 89 S.E. 2d 242.

¶2 A careful examination of the record discloses that the findings of fact made by the court below support the judgment. No error appears upon the face of the record. The appeal presents no new question of law requiring discussion.

¶3 The judgment of the Superior Court will be upheld.

¶4 Affirmed.

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