Opinion
(Filed 9 March, 1932.)
APPEAL by defendant, T. H. Brown, from Moore, Special Judge, at December Term, 1931, of NASH.
L. L. Davenport and Battle Winslow for plaintiff.
Manning Manning for defendant Brown.
Civil action to prevent waste, etc.
From a judgment for the plaintiff rendered on the "pleadings and the evidence introduced and admitted by the defendants," the defendant, T. H. Brown, appeals.
A consideration of the record proper, to which we are limited in the absence of a statement of case on appeal, In re Bank, ante, 251; Casualty Co. v. Green, 200 N.C. 535, 157 S.E. 797, does not show that appellant has overcome the presumption against error. Bailey v. McKay, 198 N.C. 638, 152 S.E. 893. To prevail on appeal, he who alleges error must successfully handle the laboring oar. Mangum v. Winstead, ante, 252; Frazier v. R. R., ante, 11.
Affirmed.