Weaver v. Morgan

WiNBORNE, J. The exception in the case in hand is “to the foregoing-findings of fact and judgment.” This, as to findings of fact, is a broadside exception. It fails to point out and designate the particular findings of fact to which exception is taken, and it is insufficient to challenge the sufficiency of the evidence to support the findings, or any one or more of them. Vestal v. Machine Co., 219 N.C. 468, 14 S.E. 2d 427. When it is claimed that findings of fact made by the trial judge are not supported by evidence, the exceptions and assignments of error in relation thereto must specifically and distinctly point out the alleged errors. Burnsville v. Boone, 231 N.C. 577, 58 S.E. 2d 351, and cases cited; also Paper Co. v. Sanitary District, ante, 421; Johnson v. Barham, ante, 508. In the absence of proper exceptions to the finding of fact on which a judgment is based, an exception to the signing of the judgment is insufficient to bring up for review the findings of fact. Fox v. Mills, 225 N.C. 580, 35 S.E. 2d 869; Burnsville v. Boone, supra. However, in the grouped assignments of error plaintiff has set out specific portions of the findings of fact to which exceptions are there stated. But these are apparently abandoned, since they are not brought forward in the appellant’s brief filed in this Court. “Exceptions in the record not set out in appellant’s brief, or in support of which no reason or argument is stated or authority cited, will be taken as abandoned by him.” Rule 28 of the Rules of Practice in the Supreme Court, 221 N.C. 544, p. 562. Nevertheless, a reading of the record fails to show error in the findings of fact to which the above assignments of error relate. *647 Tbe remaining portion of tbe exception is to tbe judgment, and tbe assignment of error based tbereon. These present only tbe question as to whether, on tbe facts found, error in matters of law appears upon tbe face of tbe record. Culbreth v. Britt Corp., 231 N.C. 76, 56 S.E. 2d 15; Terry v. Coal Co., 231 N.C. 103, 55 S.E. 2d 926, and cases cited. And tbe assignment of error as stated in tbe grouping of assignments of error is “to tbe bolding of tbe court that tbe petition and election was in all respects legal and valid and that a person only has to be a registered voter of Eandolpb County to be a valid petitioner, and that tbe plaintiff has not established a prima facie case to entitle him to a restraining order, tbe plaintiff excepts, and to tbe judgment signed in this matter.” Thus tbe challenge to validity of tbe election is expressly limited to and focused upon tbe point that tbe trial court erred in respect of tbe ruling as to who is a valid petitioner within the meaning of General Statutes 18-124 (b), which is subsection b of Section 1 of Chapter 1084 of 1947 Session Laws of North Carolina. This is tbe sole question. This statute pertains to petitions requesting that an election be held for tbe purpose of submitting to tbe voters of tbe county tbe question of whether or not wine or beer or both shall legally be sold therein, and provides that tbe county board of elections, “upon presentation to it of a petition signed by fifteen per cent (15%) of tbe registered voters of tbe county that voted for governor in tbe last general election requesting” such an election, shall call it for tbe purposes above stated. Tbe court below held that the words “15 per cent of the registered voters of tbe county that voted for governor in tbe last géneral election,” as used in tbe statute refers to tbe total number of votes cast for Governor in tbe last general election, and not necessarily tbe identical persons who cast votes for Governor in said election. This appears to be tbe fair and reasonable meaning of tbe statute. Since tbe election laws of this State provide for a secret ballot, it would be impossible for a county board of elections to determine bow or whether any particular voter voted for Governor in tbe last general election. Hence, it is inconceivable that tbe General Assembly intended to do a vain thing. Indeed, tbe findings of fact hereinabove stated show not only that tbe number of signers on tbe petition in question who were legally registered, but that tbe number of tbe signers who personally voted in tbe 1948 general election exceeded fifteen per cent of tbe number of votes then cast for Governor. It is noted that appellant debates, in bis brief, various other questions of law in respect of matters of law in tbe judgment from which appeal is taken. And while not presented by tbe assignments of error, a reading *648 of the facts, in the light of pertinent statutes and decisions of this Court fails to show error upon the face of the record. Attention is directed to the fact that in brief filed here, appellant groups on one page all cases cited, and in the text of the brief does not give the volume and page of any case cited, but follows each with the word “supra,” thereby necessitating a checking with the list of grouped cases to find where any case is reported. This is not a compliance with Rule 28 of the Rules of Practice in the Supreme Court. 221 N.C. 544, at page 562. Upon full consideration of the case as presented, error is not made to appear in the judgment from which appeal is taken. Affirmed.