Washington County v. Norfolk Southern Land Co.

Supreme Court of North Carolina
Washington County v. Norfolk Southern Land Co., 24 S.E.2d 338 (N.C. 1943)
222 N.C. 637; 1943 N.C. LEXIS 394
Winborne

Washington County v. Norfolk Southern Land Co.

Opinion of the Court

Winborne, J.

While it may well be doubted that any valid exceptive assignment of error has been made to appear, it is noted at the threshold of this appeal that the pleadings are not contained in the record. Only excerpts from the complaint are shown in the findings of fact, to which the parties agree. Hence, in accordance with the uniform practice in such cases, the appeal must be dismissed. See S. v. Lumber Co., 207 N. C., 47, 175 S. E., 713, and cases there cited. Rule 19, section 1, of the Rules of Practice in the Supreme Court, 221 N. C., 544, at page 553, requires “that the pleadings on which the case is tried, the issues, and the judgment appealed from shall be a part of the transcript in all cases.” And, in Rule 20 of said Rules of Practice, it is provided that “memoranda of pleadings will not be received or recognized in the Supreme Court as pleadings, even by consent.” See Plott v. Construction Co., 198 N. C., 782, 153 S. E., 396. Moreover, it is pointed out in Pruitt v. Wood, 199 N. C., 788, 156 S. E., 126, and in numerous later decisions, “that the rules of this Court, governing appeals, are manda *639 tory and not directory.” “Tbe pleadings are essential in order that we may be advised as to tbe nature of tbe action or proceeding. . . . ~We can judicially know only wbat properly appears on tbe record.” S. v. Lumber Co., supra.

Appeal dismissed.

Reference

Full Case Name
WASHINGTON COUNTY v. NORFOLK SOUTHERN LAND COMPANY, JOHN L. ROPER LUMBER COMPANY, BANKERS TRUST COMPANY, as Successor Trustee to MANHATTAN TRUST COMPANY, CENTRAL UNION TRUST COMPANY, as Successor Trustee to CENTRAL TRUST COMPANY, C. W. GRANDY, RUFUS KIRN, CHARLES WEBSTER, NATIONAL BANK OF COMMERCE & TRUSTS, E. R. MIXON, Treasurer of ALBEMARLE DRAINAGE DISTRICT, THE BOARD OF DRAINAGE COMMISSIONERS OF ALBEMARLE DRAINAGE DISTRICT (BEAUFORT COUNTY DRAINAGE DISTRICT No. 5), THE BOARD OF DRAINAGE COMMISSIONERS OF WASHINGTON COUNTY DRAINAGE DISTRICT No. 5, THE BOARD OF DRAINAGE COMMISSIONERS OF WASHINGTON COUNTY DRAINAGE DISTRICT No. 4, THE BOARD OF DRAINAGE COMMISSIONERS OF PUNGO RIVER DRAINAGE DISTRICT, EASTERN CAROLINA HOME & FARM ASSOCIATION, INC., and All Other Persons Having or Claiming Any Interest as Bondholders, Lienholders or Otherwise in Said Lands
Cited By
9 cases
Status
Published