ANSON BANK & TRUST COMPANY v. Henry

Supreme Court of North Carolina
ANSON BANK & TRUST COMPANY v. Henry, 148 S.E.2d 7 (N.C. 1966)
267 N.C. 253; 1966 N.C. LEXIS 1023
Moore

ANSON BANK & TRUST COMPANY v. Henry

Opinion

Per Curiam.

Defendant’s case on appeal contains no assignments of error as required by Rule 19(3), Rules of Practice in the Supreme Court. Therefore, unless error appears on the face of the record proper, or the issues are insufficient to support the judgment entered, the judgment will be sustained. Bank v. Bryant, 257 N.C. 42, 125 S.E. 2d 291. The issues establish defendant’s indebtedness to plaintiff and are, therefore, clearly sufficient to support the judgment.

Defendant’s evidence in the case on appeal is set out entirely in questions and answers instead of in narrative form as required by Rule 19(4), Rules of Practice in the Supreme Court. When this rule is ignored, the Court considers only errors presented by the *255 record proper. Amusement Co. v. Tarkington, 251 N.C. 461, 111 S.E. 2d 538. In this case no such errors appear.

The appeal is

Dismissed.

Moore, J., not sitting.

Reference

Full Case Name
Anson Bank & Trust Company v. Cole Henry
Cited By
4 cases
Status
Published