{
  "id": 8612356,
  "name": "ARTHUR M. WATERS v. LEVIN WATERS",
  "name_abbreviation": "Waters v. Waters",
  "decision_date": "1930-11-05",
  "docket_number": "",
  "first_page": "667",
  "last_page": "668",
  "citations": [
    {
      "type": "official",
      "cite": "199 N.C. 667"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "198 N. C., 782",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8621002
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/198/0782-01"
      ]
    },
    {
      "cite": "93 S. E., 795",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "174 N. C., 236",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11253347
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/174/0236-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 182,
    "char_count": 2294,
    "ocr_confidence": 0.449,
    "pagerank": {
      "raw": 4.5366427774492223e-07,
      "percentile": 0.9240834118128123
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    "sha256": "046087308efe73cfaa0c98caf881b9a961cdca0cb951d5b7ceb5113558b7f502",
    "simhash": "1:1434a4216a7ae7dc",
    "word_count": 408
  },
  "last_updated": "2023-07-14T19:48:33.288027+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "ARTHUR M. WATERS v. LEVIN WATERS."
    ],
    "opinions": [
      {
        "text": "Stact, C. J.\nIt appearing that each party was granted full and ample opportunity to present his contentions, both as to the law and the facts, no error can be imputed to the trial court in submitting the matter to the jury on a single issue. Potato Co. v. Jeanette, 174 N. C., 236, 93 S. E., 795.\nFurthermore, it is provided by Rule 19, sec. 1, of the Rules of Practice in the Supreme Court that \u201cthe pleadings on which the case is tried, the issues and the judgment appealed from shall be a part of the transcript in all cases.\u201d 192 N. C., p. 847. No summons or complaint appears in the record, hence we are not properly informed as to the nature of the action. The appeal, therefore, will be dismissed for failure to send up the necessary parts of the record proper. Platt v. Const. Co., 198 N. C., 782.\nAppeal dismissed.",
        "type": "majority",
        "author": "Stact, C. J."
      }
    ],
    "attorneys": [
      "MacLean & Rodman for plaintiff.",
      "A. W. Bailey and L. M. Scott for defendant."
    ],
    "corrections": "",
    "head_matter": "ARTHUR M. WATERS v. LEVIN WATERS.\n(Filed 5 November, 1930.)\n1. Trial F a \u2014 Submission of one issue will not be held for error where appellant has had opportunity to present all contentions to jury.\nThe submission by the trial court to the jury of only one issue will not be held for error where the appellant has been afforded ample opportunity to present all his contentions, both as to law and fact, thereunder.\n2. Appeal and Error E a \u2014 The pleadings are necessary part of record proper and where they do not appear therein the appeal will be dismissed.\nThe rules of practice in the Supreme Court require among other things that the pleadings, issues and judgment shall be a part of the record proper, and this appeal, the record not including the summons or complaint, and the Court, consequently not being informed as to the nature of the action, is dismissed.\nAppeal by defendant from Nuwn, J., at May Term, 1930, of Beaufort.\nCivil action presumably for debt, tried upon the following issue: \u201cIn what amount, if any, is defendant indebted to plaintiff ? Answer: $125.00 with interest.\u201d\nJudgment on the verdict, from which the defendant appeals, assigning as error the refusal of the court to submit other issues.\nThe record contains the following recital: \u201cThe judge in his charge to the jury gave the contentions of both plaintiff and defendant, and charged the law arising upon same.\u201d\nMacLean & Rodman for plaintiff.\nA. W. Bailey and L. M. Scott for defendant."
  },
  "file_name": "0667-01",
  "first_page_order": 735,
  "last_page_order": 736
}