Hicks v. . Royal
Supreme Court of North Carolina
Hicks v. . Royal, 29 S.E. 413 (N.C. 1898)
122 N.C. 405; 1898 N.C. LEXIS 271
PER CURIAM.
Hicks v. . Royal
Opinion of the Court
An exhibit which is made a part of the pleadings and is material to understanding the plea of *406 < ‘another action pending for the same' cause” is not printed. Even under the former rule, the motion to dismiss would have been allowed. Fleming v. McPhail, 121 N. C., 183; Barnes v. Crawford, 119 N. C., 127. Much the more so is this true under the present Rule 28, (121 N. C., 695) which, to avoid just such disputes as to the materiality of omitted parts, requires the entire transcript on appeal to be printed.
Appeal dismissed.
Reference
- Full Case Name
- R. W. Hicks v. J. H. Royal.
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Appeal — Rule — Printing Exhibit — Dismissal of Appeal. Where an exhibit, made a part of the'pleadings and necessary to the understanding of a plea in the action, is not printed as a part of the record on appeal, the appeal will be dismissed under Rule 28.