Legal Opinion

Smith v. Smith

Supreme Court of North Carolina

Decided September 28, 1955PublishedCited by 2 opinions

1Opinion of the Court

PeR CubiaM.

Defendant’s single assignment of error is not supported by an exception. It is thoroughly well settled law in this State that an assignment of error not supported by an exception will be disregarded. The rule is mandatory, and will be enforced ex mero motu. Barnette v. Woody, ante, 424, 88 S.E. 2d 223; Suits v. Insurance Co., 241 N.C. 483, 85 S.E. 2d 602.

Judge Bone was holding the Superior Courts of the district in which the action was brought — -Jones County in June 1955 was in the 5th Judicial District — -and had jurisdiction to hear the motion by the express language of G.S.…

2Cases cited2 opinions

  1. Barnette v. WoodySupreme Court of North Carolina · 1955
  2. Suits v. Old Equity Life Insurance CompanySupreme Court of North Carolina · 1955

3Cited by2 opinions

  1. State v. WilliamsSupreme Court of North Carolina · 1966
  2. Boozer v. BoozerSupreme Court of South Carolina · 1963

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