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256 N.C. 462

124 S.E.2d 124

Cratch v. Taylor

Supreme Court of North Carolina

Decided February 28, 1962

Supreme Court of North Carolina · decided 1962-02-28

Relies on City of Goldsboro v. Atlantic Coast Line Railroad Co. · Holden v. Holden · Logan v. Sprinkle

Good law ✅— No negative treatment on recordhow we know

Decided 1962-02-28

How this case has been cited

Cited by 22 later decisions — most recently April 1988

22 state decisions

140196219701980decided

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 Curiam.

¶1 The assignments of error purport to be supported by exceptions which appear nowhere in the record except in the purported assignments of error. Such exceptions are ineffective and will not be considered on appeal. Holden v. Holden, 245 N.C. 1, 95 S.E. 2d 118. Even so, in the absence of any exceptions, or when exceptions have not been preserved in accordance with the requirements of our Rules, the appeal will be taken as an exception to the judgment. An exception to the signing of the judgment presents nothing for review except whether or not the court’s conclusion of law is supported by the finding or findings of fact; such exception does not challenge the correctness of any findings of fact. Logan v. Sprinkle, 256 N.C. 41, 123 S.E. 2d 209.

¶2 When no exception has been taken to a finding of fact, such finding is presumed to be supported by competent evidence and is binding on appeal. Goldsboro v. RR., 246 N.C. 101, 97 S.E. 2d 486.

¶3 In this case, the finding of the court below supports the judgment and it is

¶4 Affirmed.

WiNBOene, C.J., not sitting.
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