Duke v. Campbell

The sole assignment of error presented for consideration on this appeal is based upon exception to the ruling of the court in sustaining the demurrer filed by plaintiff' as shown in the record. This exception raises the question as to whether error in law appears upon the face of the record, Culbreth v. Britt, 231 N.C. 76, 56 S.E. 2d 15, and cases there cited. See also Gibson v. Ins. Co., 232 N.C. 712, and cases cited. And where error is manifest on the face of the record, it is the duty of the Court to correct it, and it may do so of its own motion, that is, ex mero motu. See Gibson v. Ins.…