The situation presented by the record in this case is identical with that appearing in the case of Smith v. Texas Co., 200 *410 N. C., 39, 156 S. E., 160. There, the transcript contained no grouping o£ exceptions or assignments of error as required by Rule 19 (3) of the Rules of Practice in the Supreme Court. 200 N. C., 824. It was said that upon motion of appellee the appeal would be dismissed or the judgment affirmed. The same may be repeated here.

The judgment will be affirmed on authority of the Smith case. See converse of proposition in Jenkins v. Castelloe, ante, 406.

Affirmed.