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108 IN THE COURT OF APPEALS [I9
Burroughs v. Realty, Inc.
any indebtedness to plaintiff and defendant Townhouses as-serted
a counterclaim and setoff for $2,000.
Jury trial was waived. After heaxing evidence presented
by all parties, the court entered an order dismissing the action
as to defendants Tarheel Homes & Realty, Inc., and Branch,
and entered judgment finding facts and adjudging that plain-tiff
recover $700 and costs from defendant Townhouses.
Defendant Townhouses appealed.
Laurence S. Graham for plaintiff appellee.
Ga y l o ~ da nd Singleton b y A. Louis Singleton for defendant
a@pellant.
BRITT, Judge.
The sole purported assignment of error brought forward
and argued in appellant's brief is that the court erred "in find-ing
that the plaintiff should recover a sum of money from Uni-versity
Townhouses, Inc."
The record on appeal discloses no exceptions by appellant
to the "proceedings, ruling, or judgment of the court" as re-quired
by Rules 19(c) and 21 of the Rules of Practice in the
Court of Appeals. Inasmuch as there is no exception to any find-ing
of fact, we assume that "implied" exception is to the sign-ing
and entry of the judgment.
In Fislziny Pier v. CaroJina Beach, 274 N.C. 362, 163 S.E.
2d 363 (1968), our Supreme Court, speaking through Chief
Justice Parker, said :
"This sole assignment of error to the signing of the
judgment presents the face of the record proper for review,
but review is limited to the question of whether error of
law appears on the face of the record, which includes
whether the facts found or admitted support the judgment,
and whether the judgment is regular in form."
See also Morris v. Perkins, 11 N.C. App. 152, 180 S.E. 2d
402 (1971) ; cert. den., 278 N.C. 702,181 S.E. 2d 602.
In the instant case we hodd that the facts found by the trial
court, or admitted, support the judgment, that the judgment
is regular in form, and that error does not appear on the face of
the record.
Object Description
| Title | North Carolina Court of Appeals Reports [v.019, Spring Session 1973 - Fall Session Session 1973] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 19, Spring Session 1973 - Fall Session Session 1973. Cited as 19 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 37.5 MB; 848 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_019.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 132 |
| Full Text | 108 IN THE COURT OF APPEALS [I9 Burroughs v. Realty, Inc. any indebtedness to plaintiff and defendant Townhouses as-serted a counterclaim and setoff for $2,000. Jury trial was waived. After heaxing evidence presented by all parties, the court entered an order dismissing the action as to defendants Tarheel Homes & Realty, Inc., and Branch, and entered judgment finding facts and adjudging that plain-tiff recover $700 and costs from defendant Townhouses. Defendant Townhouses appealed. Laurence S. Graham for plaintiff appellee. Ga y l o ~ da nd Singleton b y A. Louis Singleton for defendant a@pellant. BRITT, Judge. The sole purported assignment of error brought forward and argued in appellant's brief is that the court erred "in find-ing that the plaintiff should recover a sum of money from Uni-versity Townhouses, Inc." The record on appeal discloses no exceptions by appellant to the "proceedings, ruling, or judgment of the court" as re-quired by Rules 19(c) and 21 of the Rules of Practice in the Court of Appeals. Inasmuch as there is no exception to any find-ing of fact, we assume that "implied" exception is to the sign-ing and entry of the judgment. In Fislziny Pier v. CaroJina Beach, 274 N.C. 362, 163 S.E. 2d 363 (1968), our Supreme Court, speaking through Chief Justice Parker, said : "This sole assignment of error to the signing of the judgment presents the face of the record proper for review, but review is limited to the question of whether error of law appears on the face of the record, which includes whether the facts found or admitted support the judgment, and whether the judgment is regular in form." See also Morris v. Perkins, 11 N.C. App. 152, 180 S.E. 2d 402 (1971) ; cert. den., 278 N.C. 702,181 S.E. 2d 602. In the instant case we hodd that the facts found by the trial court, or admitted, support the judgment, that the judgment is regular in form, and that error does not appear on the face of the record. |
