Campbell v. McNeil
Campbell v. McNeil
Opinion of the Court
For failure to comply with the rules of this court, defendants’ appeal is dismissed.
Rule 21 of the Rules of Practice in the Court of Appeals requires that appellants set out in the record on appeal their exceptions to the proceedings, rulings or judgments of the court, briefly and clearly stated and numbered. Defendants failed to do so in this appeal. Rule 19(c) of the Rules of Practice requires that all exceptions relied upon be grouped and separately numbered immediately before the signature to the record on appeal. Defendants did not meet this requirement. An assignment of error is ineffectual if not based on a proper exception. Bost v. Bank, 1 N.C. App. 470, 162 S.E. 2d 158 (1968). See Midgett v. Midgett, 5 N.C. App. 74, 168 S.E. 2d 58 (1969), cert. den. 275 N.C. 595 (1969).
Even after a meticulous voyage of discovery through the record the only two exceptions noted in the entire record would seem to refer to the court’s refusal to admit certain testimony (R. pp. 45, 47) but the record does not reveal what the excluded evidence would have been; therefore, it is impossible for the court to determine if its exclusion was prejudicial. Gibbs v. Light Co., 268 N.C. 186, 150 S.E. 2d 207 (1966); Payne v. Lowe, 2 N.C. App. 369, 163 S.E. 2d 74 (1968).
We also note that the judgment in this case was entered on 1 November 1971 and the record on appeal was not docketed
Although for the reasons stated we are dismissing the appeal, we have nevertheless carefully reviewed the record but perceive no prejudicial error.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.