Moore v. Boone, 202 N.C. 838 (1932)

March 9, 1932 · Supreme Court of North Carolina

202 N.C. 838

J. W. MOORE v. B. W. BOONE et al.

(Filed 9 March, 1932.)

Appeal by defendant, T. H. Brown, from Moore, Special Judge, at December Term, 1931, of Nash.

Civil action to prevent waste, etc.

From a judgment for the plaintiff rendered on the “pleadings and the evidence introduced and admitted by the defendants,” the defendant, T. H. Brown, appeals.

L. L. Davenport and Battle & Winslow for plaintiff.

Manning & Manning for defendant Brown.

Per Curiam.

A consideration of the record proper, to which we are limited in the absence of a statement of case on appeal, In re Bank, ante, 251; Casualty Co. v. Green, 200 N. C., 535, 157 S. E., 797, does not show that appellant has overcome the presumption against error. Bailey v. McKay, 198 N. C., 638, 152 S. E., 893. To prevail on appeal, he who alleges error must successfully handle the laboring oar. Mangum v. Winstead, ante, 252; Frazier v. R. R., ante, 11.

Affirmed.