Opinion · Nclaw North Carolina

KING v. ELLINGTON, 87 N.C. 573 (1882)

87 N.C. 573

Type: Opinion
Court: Nclaw North Carolina
Jurisdiction: Nclaw
Date: 1882-01-01
Topic: general

KING v. ELLINGTON, 87 N.C. 573 (1882) KING v. ELLINGTON.Supreme Court of North Carolina (October Term, 1882.) In King v. Ellington, from Wake: ASHE, J. There was no exception taken by the plaintiff to the charge of the court or its ruling upon any point; and the plaintiff having shown no error, "it must be remembered that if the appellant fails to assign and prove an error, the judgment, although itmay be erroneous must be affirmed." Utley v.

Citator

UpLaw has not yet analyzed KING v. ELLINGTON, 87 N.C. 573 (1882). The absence of a flag is not a finding that it is good law.

KINGv. ELLINGTON,87 N.C. 573(1882)

KING v. ELLINGTON.

Supreme Court of North Carolina

(October Term, 1882.)

InKing v. Ellington, from Wake:

ASHE, J.

There was no exception taken by the plaintiff to the charge of the court or its ruling upon any point; and the plaintiff having shown no error, "it must be remembered that if the appellant fails to assign and prove an error, the judgment, although itmaybe erroneous must be affirmed."Utley v. Foy, 70 N.C. (574) 303;Swepson v. Summey,74 N.C. 551;Stephenson v. Jones,12 N.C. 15.

The judgment of the superior court of Wake must therefore be affirmed.

No error. Affirmed.