Fleming v. Halcomb, 26 N.C. 268, 4 Ired. 268 (1844)

June 1844 · Supreme Court of North Carolina

26 N.C. 268, 4 Ired. 268

SAMUEL FLEMING vs. ABNER HALCOMB & AL.

In this Court every judgment of the Superior Court is presumed to be right, it appears to be erroneous ; and it is the duty of the appellant to have the matter stated on the record, up.on which he insists there is ér-ror, else the judgment will be affirmed as a matter- of coin'set

Appeal from the Superior Court of Law of Yancy County at the Special Term, in August, Í843, his Honor Judge Pearson presiding.

This was an action of debt on a bond for $297, in which the pleas were, non est factum and usury. Upon the issues the jury gave a verdict for the plaintiff, and assessed his damages by way of interest to $32,62. The defendants moved the Court for a hew trial, which was refused; and there was then judgment for the plaintiff for his debt ahd damages as aforesaid, and the defendants appealed therefrom. The record contains no bill of exceptions to any opinion of the Court trying the cause, nor any statement of the occurrences at the trial, except the verdict and judgment as just stated.

Alexander & £toke for the plaintiff.

No counsel for the' defendants.

Ruffin, C. J.

It has often been decided by this Court, that every judgment is presumed to be right, unless it appear to be erroneous ; and that it is the duty of the appellant to have the matter stated on the record, upon which he insists there is erroF — else the judgment müst be affirmed as a matter of course. No error thus appearing to have been committed at the trial, and none being seen in the pleadings or record, properly so speaking,- we suppose the appeal was merely for delay. At all events there seems to be no ground for reversing the judgment, and therefore it is affirmed.

Per Curiam, Judgment affirmed.