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268 N.C. 436

150 S.E.2d 729

Lewis v. Parker

Supreme Court of North Carolina

Decided November 2, 1966

Supreme Court of North Carolina · decided 1966-11-02

Key passage — most relied on by later courts

““ * * * However, an exception that the findings of fact are not sufficient to support the judgment presents for review the question whether the court’s conclusions of law from the findings of fact are unwarranted or erroneous. And even when the exceptions to the findings of fact are too general to be effective, the appeal itself constitutes an exception to the judgment and raises the question of law whether the facts found support the judgment and whether error of law appears on the face of the record proper.””

quoted by 1 later decision, including 10 N.C. App. 584 - Wells v. STURDIVANT LIFE INSURANCE COMPANY

““ * * * We have repeatedly said that these rules require an assignment of error to show specifically what question is intended to be presented for consideration without the necessity of going beyond the assignment of error itself. A mere reference in the assignment of error to the record page where the asserted error may be discovered is not sufficient. * * * ””

quoted by 1 later decision, including 13 N.C. App. 129 - Lancaster v. Smith

Relies on Linkous v. Millner · Steelman v. . Benfield · Pruitt v. . Wood

Good law ✅— No negative treatment on recordhow we know

Decided 1966-11-02

How this case has been cited

Cited by 30 later decisions — most recently February 1985 · most notably State v. Benton (1970), 72 N.C. App. 372 - Wade v. Wade (1985)

30 state decisions

180196619701980decided

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 Plaintiff’s first assignment of error reads: “The Trial Court committed prejudicial and reversible error by charging the jury in the manner which is the subject of plaintiff’s Exceptions Nos. 1, 2, 3, 4 and 5. (R pp 41-47).”

¶2 Rules 19 and 21, Rules of Practice in the Supreme Court, 254 N.C. 783, 795, 803, require that asserted error must be based on an appropriate exception, and must be properly assigned. We have repeatedly said that these rules require an assignment of error to show specifically what question is intended to be presented for consideration without the necessity of going beyond the assignment of error itself. A mere reference in the assignment of error to the record page where the asserted error may be discovered is not sufficient. Samuel v. Evans, 264 N.C. 393, 141 S.E. 2d 627; Darden v. Bone, 254 N.C. 599, 119 S.E. 2d 634; Hunt v. Davis, 248 N.C. 69, 102 S.E. 2d 405; Lowie & Co. v. Atkins, 245 N.C. 98, 95 S.E. 2d 271; Steelman v. Benfield, 228 N.C. 651, 46 S.E. 2d 829. The rules of practice in this Court are mandatory and will be enforced. Walter Corp. v. Gilliam, 260 N.C. 211, 132 S.E. 2d 313; Balint v. Grayson, 256 N.C. 490, 124 S.E. 2d 364; Pruitt v. Wood, 199 N.C. 788, 156 S.E. 126. Plaintiff’s first assignment of error is ineffectual to bring up for review by this Court any part of the charge.

¶3 Plaintiff’s second assignment of error is that “the Trial Court committed prejudicial and reversible error by failing to declare and *438 explain to the jury the law in the case and its application to the facts in the case, in violation of G.S. 1-180, which is the subject of plaintiff’s Exceptions Nos. 6 and 7. (R p 52).” This assignment of error to the charge does not point out any particular statements or omissions objected to and is ineffectual as a broadside exception. 1 Strong’s N. C. Index, Appeal and Error, § 24.

¶4 “The requirements of the rules and the reasons therefor have been so often reiterated that the recurring necessity for restatement baffles our understanding.” Samuel v. Evans, supra.

¶5 Plaintiff’s assignment of error “to the Court’s denial of her motion for a new trial, based upon errors committed by the Court during the course of the trial” is broadside and is overruled.

¶6 Plaintiff assigns as error the court’s signing and entry of the judgment. This assignment of error presents for review the face of the record proper. The record, in the sense here used, refers to the essential parts of the record, such as the pleadings, verdict, and judgment, and does not refer to the evidence and the charge of the court. Balint v. Grayson, supra; Lowie & Co. v. Atkins, supra; Thornton v. Brady, 100 N.C. 38, 5 S.E. 910. No error of law appears on the face of the record proper, and the verdict supports the judgment.

¶7 No error.

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