Martin v. Capel, 232 N.C. 733 (1950)

Nov. 29, 1950 · Supreme Court of North Carolina
232 N.C. 733

JOHN MARTIN v. R. E. CAPEL.

(Filed 29 November, 1950.)

1. Appeal and Error § 24—

Assignments of error not supported by exceptions are ineffective.

2. Appeal and Error § 6c (2) —

An exception to tbe signing of the judgment presents only whether error appears on the face of the record.

Johnson, J., took no part in the consideration or decision of this case.

Appeal by defendant from Phillips, J., at June Term, 1950, of ANSON.

Civil action by tenant to recover of landlord bis portion of 1948 crops ■cultivated under “share-cropper” agreement.

There was a consent reference in tbe case to state tbe landlord-tenant account, which resulted in an award to tbe plaintiff of $340.31 with interest as prayed in tbe complaint.

Exceptions-were duly filed to tbe referee’s report by defendant which came on for bearing at tbe June Term, 1950, Anson Superior Court. Tbe exceptions were overruled, “tbe same being separately considered,” and tbe report of tbe referee was adopted and approved.

From tbe judgment entered, tbe defendant appeals.

*734 Enos T. Edwards for plaintiff, appellee.

Taylor, Kitchin <& Taylor for defendant, appellant.

Per Curiam.

The only exception appearing on tbe record is “To the signing of the judgment,” which is also' assigned as error. There are' eleven other assignments of error, following the case on appeal, but these are non-exceptive. Hence, the only question presented is whether error appears on the face of the record. Terry v. Capital Ice & Coal Co., 231 N.C. 103, 55 S.E. 2d 926. We find none.

Judgment affirmed.

JohnsoN, J., took no part in the consideration or decision of this case.