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Southern Bell Telephone & Telegraph Co. v. Petty Communications, Inc.

SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY v. PETTY COMMUNICATIONS, INC. and BILLY R. TUCKER

Southern Bell Tel. & Tel. Co. v. Petty Commc'ns, Inc., 219 S.E.2d 800 (N.C. Ct. App. 1975)
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Court
Court of Appeals of North Carolina · State Appellate Courts
Decided
December 3, 1975
Docket
No. 7518DC620
Judges
Arnold, Britt, Vaughn
Citations
219 S.E.2d 80027 N.C. App. 6731975 N.C. App. LEXIS 1943

Opinion of the Court — Britt

Text extracted by OCR from a scanned original; check the original for exact wording.

BRITT, Judge.

All of appellant’s exceptions relate to the findings of fact set forth in the judgment but the record on appeal does not contain the evidence presented at trial. It is well settled that when the evidence is not included in the record, it will be presumed that the evidence was sufficient to support the findings of fact. Mt. Olive v. Price, 20 N.C. App. 302, 306 , 201 S.E. 2d 362, 364 (1973) ; Cobb v. Cobb, 10 N.C. App. 739, 741 , 179 S.E. 2d 870, 871 (1971) ; 1 Strong, N. C. Index 2d, Appeal and Error, § 42 at p. 185.

The findings of fact support the trial court’s conclusions of law and adjudication that plaintiff is entitled to recover from appellants the amounts provided in the judgment.

Affirmed.

Judges Vaughn and Arnold concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1976: 11985: 119762026peak 1976 · 1

Relies on it most ⓘ

  1. Nytco Leasing, Inc. v. Dan-Cleve Corp.230 S.E.2d 559 (N.C. Ct. App. 1976)
  2. In re McCarroll327 S.E.2d 880 (N.C. 1985)

Most recent

  1. In re McCarroll327 S.E.2d 880 (N.C. 1985)
  2. Nytco Leasing, Inc. v. Dan-Cleve Corp.230 S.E.2d 559 (N.C. Ct. App. 1976)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Town of Mount Olive v. Price, 201 S.E.2d 362 (N.C. Ct. App. 1973) 8
Cobb v. Cobb, 179 S.E.2d 870 (N.C. Ct. App. 1971) 8

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