(DOWNLOAD) "Moore v. Crossweell" by Supreme Court of North Carolina No. 751 * Book PDF Kindle ePub Free
eBook details
- Title: Moore v. Crossweell
- Author : Supreme Court of North Carolina No. 751
- Release Date : January 04, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
[240 NC Page 474] This appeal is predicated upon assignments of error, both of omission and commission, in the charge. Yet, the assignments urged are not supported by exceptions previously noted as required by our rules. See Rules 19 (3) and 21, Rules of Practice in the Supreme Court, 221 N.C. 554. While exceptions to the charge may be noted after trial, when the statement of case on appeal is prepared, even so, such exceptions should be included in appellant's statement of case on appeal as served on the appellee, in order that the latter may be fully apprised at that juncture of the theory of the appeal. The assignment of errors, not necessarily being a part of the statement of case on appeal, may be prepared later. The function of the assignment of errors is to group and bring forward such of the exceptions previously noted in the case on appeal as the appellant desires to preserve and present to the Court. 3 Am. Jur., Appeal and Error, Sections 694 and 695. Therefore, an assignment of error not supported by an exception will be disregarded. Worley v. Logging Co., 157 N.C. 490, 73 S.E. 107. It is so ordered here.