(DOWNLOAD) "Williams v. Dameron" by Court of Appeals of North Carolina No. 778SC727 " eBook PDF Kindle ePub Free
eBook details
- Title: Williams v. Dameron
- Author : Court of Appeals of North Carolina No. 778SC727
- Release Date : January 15, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
At the outset we note tht the record on appeal contains no assignments of error. Rule 10(c), North Carolina Rules of Appellate Procedure, provides that ""[t]he exceptions upon which a party intends to rely shall be indicated by setting out at the conclusion of the record on appeal assignments of error based upon such exceptions. Each assignment of error shall be consecutively numbered; shall, so far as practicable, be confined to a single issue of law; shall state plainly and concisely and without argumentation the basis upon which error is assigned; and shall be followed by a listing of all the exceptions upon which it is based, identified by their numbers and by the pages of the record on appeal at which they appear. Exceptions not thus listed will be deemed abandoned. It is not necessary to included in an assignment of error those portions of the record to which it is directed, a proper listing of the exceptions upon which it is based being sufficient."" In the record before us, there are no assignments of error whatever. The brief contains one Argument, which is the same as the Question Involved. The Question Involved refers to ""Assignment of Error, Group I (R. p. 48)"". At R. p. 48, we find plaintiff's exception No. 4, to the oral ruling of the court on the defendant's motion for directed verdict. There is no assignment of error. After the question is presented, under Argument appears the following: ""This assignment of error is preserved in Exceptions No. 4 (R. p. 48)."" Another violation of the Rules is also present. Rule 11(e) requires that the record shall be certified within 10 days after it has been settled. Here the record was not certified for some 30 days after it had been settled. The appeal is clearly subject to dismissal. Nevertheless we choose to address the merits of the appeal in view of appellant's obvious attempt to comply with the spirit of the Rules.