Jenkins v. . Castelloe

In order to sustain tbe judgment of tbe Superior Court it would be necessary for us to assume that tbe judge intended to find, and did find, error in each and all of tbe nine exceptions taken to tbe charge. Manifestly, this was not bis intention. Some of tbe exceptions are too attenuate to warrant such assumption. Yet, on tbe record as presented, we are called upon to consider each and all of them as baying been sustained.

It was said in Smith v. Winston-Salem, 189 N. C., 178, 126 S. E., 514, that when tbe Superior Court is sitting as an appellate court, subject to review by tbe Supreme Court,…