{ "id": 2219613, "name": "DORIS MARSH PACE v. B. HARRISON PACE", "name_abbreviation": "Pace v. Pace", "decision_date": "1956-10-31", "docket_number": "", "first_page": "698", "last_page": "699", "citations": [ { "type": "official", "cite": "244 N.C. 698" } ], "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": "35 S.E. 2d 414", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "225 N.C. 450", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8610882 ], "opinion_index": 0, "case_paths": [ "/nc/225/0450-01" ] }, { "cite": "87 S.E. 2d 560", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "242 N.C. 306", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8614184 ], "opinion_index": 0, "case_paths": [ "/nc/242/0306-01" ] }, { "cite": "175 S.E. 713", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "207 N.C. 47", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8622362 ], "opinion_index": 0, "case_paths": [ "/nc/207/0047-01" ] }, { "cite": "221 N.C. 544", "category": "reporters:state", "reporter": "N.C.", "opinion_index": 0 } ], "analysis": { "cardinality": 258, "char_count": 3567, "ocr_confidence": 0.563, "pagerank": { "raw": 9.29903090246929e-08, "percentile": 0.5124582552882426 }, "sha256": "34ad75dfb0d0954a14f6c86b054d01885569aa63e9c86e8d79c107f80ff2f0b6", "simhash": "1:caa3bb62a554fbfd", "word_count": 624 }, "last_updated": "2023-07-14T15:53:24.689887+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Johnson, J., not sitting." ], "parties": [ "DORIS MARSH PACE v. B. HARRISON PACE." ], "opinions": [ { "text": "Per Curiam.\nAt the threshold- of this appeal it is noted that the pleadings are not contained in the record filed in this Court. Pleadings are a necessary part of the record proper upon appeal \u2014 Rule 19, Section 1, of the Rules of Practice in the Supreme Court, 221 N.C. 544, at page 553. And Rule 20 of Rules of Practice provides that \u201cMemoranda of pleadings will not be received or recognized in the Supreme Court as pleadings, even by consent.\u201d Failure to send up necessary parts of the record proper has uniformly resulted in dismissal of the appeal. See among others S. v. Lumber Co., 207 N.C. 47, 175 S.E. 713, and cases cited. See also Shepard\u2019s North Carolina Citations, headnote 1, of S. v. Dumber Co., supra, including Griffin v. Barnes, 242 N.C. 306, 87 S.E. 2d 560.\nNevertheless, in the light of the public policy of this State that a father shall provide necessary support for his minor children, \u201ca duty he may not shirk, contract away, or transfer to another,\u201d Ritchie v. White, 225 N.C. 450, 35 S.E. 2d 414, error in the order of 4 August, 1956, is not made to appear.\nAppeal dismissed.\nJohnson, J., not sitting.", "type": "majority", "author": "Per Curiam." } ], "attorneys": [ "Robert L. Styers for Plaintiff Appellee.", "Leake & Phillips for Defendant Appellant." ], "corrections": "", "head_matter": "DORIS MARSH PACE v. B. HARRISON PACE.\n(Filed 31 October, 1956.)\n1. Appeal and Error \u00a7 33\u2014\nTbe pleading's are a necessary part of tbe record proper and may not be dispensed with by consent of the parties or by stipulation as to their contents.\n2. Parent and Child \u00a7 5\u2014\nIt is a public policy of this State that a father shall provide necessary support for his minor children, which duty he may not contract away or \u2022transfer to another.\nJohnson, J., not sitting.\nAppEAL-by defendant from Johnston, J., 4 August, 1956, in Chambers, from Forsyth.\nCivil action (as the parties stipulate, among other things) under the provisions of G.S. 50-16, instituted 30 March, 1949, upon a verified complaint of plaintiff (mother), a copy of which with summons was personally served 31 March, 1949, on defendant (father), wherein plaintiff prayed the court for custody of the child, Patricia Grey Pace, born to the parties, and for support and counsel fees.\nThe record contains stipulation of counsel as to record on appeal, in which it is agreed (1) \u201cThat the portions of the pleadings in this case not involved in the appeal shall not become a part of the record\u201d; (2) That the various proceedings had were as therein narrated including (a) an order dated 22 July, 1950, signed by Clement, J., and consented to by the parties respecting matter of custody and a lump sum settlement for support, and (b) an order dated 4 August, 1956, signed by Johnston, J., after hearing on motion of defendant for partial custody of the child, and on motion of plaintiff for retention by her of custody of the child, and for order that defendant contribute to the support of the minor child and for reasonable counsel fees, \u2014 in which, upon facts found, custody was awarded to plaintiff, with right of visitation in defendant, and defendant was ordered to pay into office of Clerk of Superior Court monthly the \u201csum of $100.00 for the support, maintenance and benefit of his minor daughter, Patricia Grey Pace.\u201d It is stipulated that these two orders and the motions, and certain affidavits filed by the parties, respectively, be made a part of the record. The pleadings are not included as part of the record on the appeal.\nIt is stipulated that defendant excepted to the signing of the order of 4 August, 1956, by Johnston, J., and in apt time gave notice of appeal to Supreme Court.\nRobert L. Styers for Plaintiff Appellee.\nLeake & Phillips for Defendant Appellant." }, "file_name": "0698-01", "first_page_order": 744, "last_page_order": 745 }