(Download) "Lawton v. County of Durham" by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: Lawton v. County of Durham
- Author : Court of Appeals of New York
- Release Date : January 05, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
By failing to comply with the Rules of Appellate Procedure, plaintiff has subjected his appeal to dismissal. Provisions of Rules 9 and 10 require that exceptions be noted in the record immediately following the particular judicial action complained of, that those exceptions again be set out at the end of the record, and that they be made the subject of stated assignment(s) of error. Rule 28(b)(5) requires that the appropriate exceptions and assignments of error be referred to after each question submitted in the brief. Plaintiff failed to note any exceptions or make any assignments of error. While failure to follow the Rules of Appellate Procedure subjects an appeal to dismissal, Wiseman v. Wiseman, 68 N.C. App. 252, 314 S.E.2d 566 (1984), in our discretion pursuant to Rule 2, we will, nevertheless, address the merits of plaintiffs appeal.