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27 N.C. App. 584

Johnson v. Hooks

Court of Appeals of North Carolina

Decided November 19, 1975

Court of Appeals of North Carolina · decided 1975-11-19

Cited by 2 later decisions — most recently December 1976

2 state decisions

Relies on Griffin v. Barnes · Thrush v. Thrush · Gardner v. . Moose

Good law ✅— No negative treatment on recordhow we know

Decided 1975-11-19

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PARKER, Judge.

¶1Notice of appeal in this case was given 26 March 1975. Rule 19(a) of the Rules of the Court of Appeals applicable to this appeal, provides that “ [t] he pleadings on which the case was tried . . . shall be included in the record on appeal in all cases . . . . ” .(Rule 9(b) (1) of the Rules of Appellate Procedure applicable to appeals in which notice of appeal is given on or after 1 July 1975 makes the same requirement.) The record on appeal in this case does not contain the pleadings. The filing, as an exhibit, of a copy of the record on appeal from a former trial of this case, which contains the pleadings on which the case was previously tried, does not meet the requirement of the rules.

¶2The requirement that the record on appeal contain copies of the pleadings on which the case was tried has been uniformly enforced. Thrush v. Thrush, 245 N.C. 63, 94 S.E. 2d 897 (1956) ; Griffin v. Barnes, 242 N.C. 306, 87 S.E. 2d 560 (1955) ; Gardner v. Moose, 200 N.C. 88, 156 S.E. 243 (1930).

¶3Appeal dismissed.

Judges Britt and Clark concur.
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