Bennett v. Attorney General of North Carolina

Let it be noted at the outset that the record and case on appeal do not contain any express exception to any ruling of the trial judge. Nevertheless the appeal to the Supreme Court is itself an exception to the judgment. Holden v. Holden, ante, 1, 95 S.E. 2d 118; Barnette v. Woody, 242 N.C. 424, 88 S.E. 2d 223; Lowie Co. v. Atkins, ante, 98, 95 S.E. 2d 271.

Indeed an exception to the judgment rendered raises the question as to whether error in law appears upon the face of the record. See Lowie & Co. v. Atkins, supra; Horn v. Furniture Co., ante, 173, 95 S.E. 2d 521, and cases cited. And the…