Teague v. Teague

The record is far from satisfactory. For example, Judge Gambill seems to have concluded that the exceptions and notice of appeal served on the plaintiff and her counsel on April 27 were sufficient to remove the case from the Superior Court to this Court. Actually, appeal notice was not given at the time the order was entered. G.S. 1-279 and 280, when construed together, required the defendant to serve notice of the appeal within 10 days. “The provisions are jurisdictional and unless complied with this Court acquires no jurisdiction of the appeal and must be dismissed.” Aycock v. Richardson,…