Hatchell v. Cooper

The only exception taken by defendants in the Superior Court is the one which the law implies from the appeal itself. An appeal is an exception to the judgment. Under our decisions, “the effect of an exception to the judgment is only to challenge the correctness of the judgment, and presents the single question whether the facts found are sufficient to support the judgment. . . .” Fox v. Mills, Inc., 225 N.C. 580, 583-84, 35 S.E. 2d 869, 871. Accord, Glace v. Throwing Co., 239 N.C. 668, 80 S.E. 2d 759; Worsley v. Rendering Co., 239 N.C. 547, 80 S.E. 2d 467. Defendants concede this rule of…