Parker v. Webb, 202 N.C. 818 (1932)

Jan. 8, 1932 · Supreme Court of North Carolina

202 N.C. 818

ED PARKER and JIM PARKER (and MRS. MARTHA WHITFIELD, Additional Party), v. H. W. WEBB and J. C. WEBB, Trading as H. W. and J. C. WEBB; and W. T. SLOAN, Sheriff.

(Filed 8 January, 1932.)

Appeal by defendants H. W. and J. C. Webb, from Daniels, J. From OraNGE.

Affirmed.

Tbe court below rendered tbe following judgment: “This cause coming on to be beard before tbe undersigned judge upon tbe demurrer filed by tbe Fidelity and Deposit Company of Maryland, to tbe answer or cross-complaint of tbe defendants, H. W. and J. C. Webb, and tbe court being of tbe opinion tbat no cause of action is stated against tbe defendant, tbe Fidelity and Deposit Company of Maryland; It is, therefore, ordered tbat tbe demurrer be sustained and tbat tbe defendant, Fidelity and Deposit Company of Maryland, go- without day and recover its costs. F. A. Daniels, judge presiding.”

“To tbe foregoing judgment tbe plaintiffs and tbe defendants, H. W. and J. C. Webb, except, and give notice of appeal to tbe Supreme Court.”

Tbe only exception and assignment of error was to tbe judgment as rendered by tbe court below.

Graham & Sawyer for plaintiff.

S. M. Gottis, Jr., for defendants Webb.

8. Brown Shepherd for Fidelity & Deposit Company of Maryland.

Per Curiam.

An eminent and able judge in tbe court below sustained tbe demurrer, after bearing arguments of counsel on tbe questions of law involved.

Tbe proviso in C. S., 1416, is as follows: “Provided tbat tbe justices shall not be required to write their opinion in full except in cases in which they deem it necessary.” Tbe filing of a written opinion in a case is discretionary with tbe Supreme Court. Bradsher v. Cheek, 112 N. C., 838; S. v. Council, 129 N. C., 511; Parker v. R. R., 133 N. C., 335.

From a careful reading of tbe record and tbe briefs of tbe litigants, we think tbe judgment of tbe court below sustaining tbe demurrer correct. Tbe judgment below is

Affirmed.