In Re Will of Wilder
Supreme Court of North Carolina
1Opinion of the CourtStacy, C. J.
Two errors are assigned, one based upon tbe exclusion of evidence and tbe other upon tbe court’s refusal to give an instruction as prayed.
Tbe record does not show wbat tbe answers to tbe interrogatories propounded to tbe witness would have been, hence we cannot say tbe exclusion of tbe evidence was hurtful or erroneous. Where tbe record .shows exceptions to unanswered questions, without more, tbe exceptions will not be considered on appeal. Miller v. Bottling Co., 204 N. C., 608, 169 S. E., 194. We cannot assume that the answers w'onld have been favorable to the caveator. Rawls v. Lupton, 193…
2Cases cited8 opinions
- Rawls v. . LuptonSupreme Court of North Carolina · 1927
- In Re Will of RossSupreme Court of North Carolina · 1921
- Shaw v. North Carolina Public-Service Corp.Supreme Court of North Carolina · 1915
- Michaux v. Paul Rubber Co.Supreme Court of North Carolina · 1925
- Poindexter v. Norfolk Southern Railway Co.Supreme Court of North Carolina · 1931
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3Cited by3 opinions
- State v. PoolosSupreme Court of North Carolina · 1955
- Lipe v. Guilford National BankSupreme Court of North Carolina · 1952
- Hanover Company v. TwisdaleCourt of Appeals of North Carolina · 1979