THRUSH v. THRUSH

No. 165.

94 S.E.2d 897 (1956)

245 N.C. 63

Anna B. THRUSH v. W. E. THRUSH, Individually, and W. E. Thrush, Trading and Doing Business as Thrush Enterprises, and H. B. Meiselman and wife, Claire Meiselman, and F. B. Graham, Trustee.

Supreme Court of North Carolina.

November 21, 1956.


Attorney(s) appearing for the Case

J. H. Ferguson, Wilmington, for defendant W. E. Thrush, appellant.

Marsden Bellamy, George Rountree, Jr., Wilmington, for defendant intervenors, appellants.

Elkins & Calder, by Robert E. Calder, Wilmington, for plaintiff, appellee.


HIGGINS, Justice.

Rule No. 19 of the Rules of Practice in the Supreme Court provides that pleadings, issues and judgment shall be a part of the transcript in all cases. Rule 20 provides that memoranda of pleadings will not be received or recognized in the Supreme Court as pleadings, even by consent of counsel. The record in this case does not contain the complaint. The trial judge took its contents into account in his findings of fact. Exceptions were duly taken both...

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