Bourne v. Edwards, 238 N.C. 261 (1953)

Sept. 23, 1953 · Supreme Court of North Carolina
238 N.C. 261

HENRY C. BOURNE v. FRED EDWARDS, Administrator of DOUGLASS EDWARDS, Deceased.

(Filed 23 September, 1953.)

Appeal and Error § 6c (2) —

An exception to the signing and entering of the judgment presents only the face of the record for review, and when the judgment is supported by the record the appeal must fail.

Appeal by defendant from Parker, J., and a jury, at April Term, 1953, of Edgecombe.

Civil action to recover on claim rejected by the defendant administrator under G.S. 28-112.

An issue of debt was submitted to and answered by the jury as follows : “In what amount, if any, is defendant indebted to plaintiff ?

“Answer: $636.80, plus 6% interest after June 18, 1952.”

From judgment on the verdict, the defendant appealed.

Herbert H. Taylor, Jr., for plaintiff, appellee.

Floyd T. Hall and P. H. Bell for defendant, appellant.

*262Per Curiam.

Tbe only exception appearing in tbe record is to tbe signing and entering of tbe judgment from wbicb tbe appeal is taken. Tbis presents only tbe face of tbe record for inspection and review, and when tbe judgment is supported by tbe record tbe appeal must fail. Query v. Insurance Co., 218 N.C. 386, 11 S.E. 2d 139; Smith v. Smith, 226 N.C. 506, 39 S.E. 2d 391. Here tbe verdict supports tbe judgment and no error appears on tbe face of tbe record.

No error.