Coulbourn v. Armstrong

BáRnhill, C. J.

The defendant excepts to the judgment entered and assigns the same as error. This and related assignments of error must be sustained.

An exception to a judgment raises the question whether any error appears on the face of the record. Surety Corp. v. Sharpe, 233 N.C. 642, 65 S.E. 2d 138; Rader v. Coach Co., 225 N.C. 537, 35 S.E. 2d 609. This includes the question whether the facts found and admitted are sufficient to support the judgment. Roach v. Pritchett, 228 N.C. 747, 47 S.E. 2d 20, and cases cited.

It is the duty of the judge, either of his own motion or at the suggestion of…