Appeal and Error 23 — Where no assignments of error appear in the record on appeal, the appeal must be dismissed for failure to comply with the mandatory requirement of Rule of Practice in the Supreme Court No. 19 (3).
Plaintiff's action is to recover judgment on demand promissory note for $39,327.24 dated 7 October, 1953, and to foreclose liens on real and personal property constituting security therefor.
Defendants Laws, in their answer, admit the execution of the note and security therefor but allege facts purporting to constitute an affirmative defense to plaintiff's action. In addition, defendant W. U. Laws seeks to recover judgment against plaintiff on three alleged cross-actions.
Plaintiff demurred to the alleged affirmative defense. The court sustained this demurrer, striking designated portions of the answer. To this ruling, defendants Laws excepted and appealed.
Plaintiff also demurred to each cross-action. The court overruled these demurrers. To these rulings, plaintiff excepted and appealed.
The rulings do not relate to defendant G. C. Hunter, Trustee. He takes no part in these appeals.
PER CURIAM.
No assignments of error appear in the record filed in this Court. This is true as to both appeals. Hence, the appeals must be dismissed for failure to comply with the mandatory requirement of the rules of this Court. Rule 19 (3), Rules of Practice in the Supreme Court, 221 N.C. 546 (554).
Appeal of plaintiff: Dismissed.
Appeal of defendants Laws: Dismissed.