Williams v. Asheville Contracting Company

Compliance with the Rules of Practice in the Supreme Court, 254 N.C. 783 et seq.,, is mandatory. Rule 19(1) requires that the pleadings shall be a part of the transcript in all cases. Rule 20(1) provides that memoranda of pleadings will not be received or recognized in the Supreme Court as pleadings, even by consent of counsel. “The absence of the complaint from the record makes it necessary to dismiss the appeal.” Thrush v. Thrush, 245 N.C. 63, 65, 94 S.E. 2d 897, and cases cited.

While the appeal is dismissed for failure to comply with our mies, we deem it appropriate to say: In our view,…