Opinion
(September Term, 1889.)
Appeal — Assignment of Error.
The Supreme Court will not consider exceptions where no assignment of error has been properly made below.
APPEAL from Boykin, J., Spring Term, 1889, of CURRITUCK.
C. W. Grandy for plaintiff.
L. D. Starke for defendant.
The argument of the plaintiff's counsel was addressed to the general character of his Honor's charge in reference to negligence. We regret that we are precluded from passing upon that question. There is not only a failure to assign error (see McKinnin v. Morrison, post, 354, and Carlton v. R. R., post, 365), but the case expressly states that the instructions given were not excepted to.
The judgment therefore must be
Affirmed.
Cited: Barber v. Buffaloe, 122 N.C. 131.
(332)