Adams v. . Woodie

157 S.E. 30, 200 N.C. 407, 1931 N.C. LEXIS 342

• Court: Supreme Court of North Carolina
• Decided: February 25, 1931
• Status: Published

Opinion

Per Curiam.

At the second hearing before the referee the plaintiffs “mended their lick” and offered sufficient evidence of possession of the premises in controversy to support the finding of fact by the referee. Bryan v. Spivey, 109 N. C., 57, 13 S. E., 766; Berry v. McPherson, 153 N. C., 4, 68 S. E., 892.

At the time the referee reopened the hearing no final report had been made and the entire matter was pending before the referee. Four days notice of reopening tbe case was given by tbe referee instead of ten days. And even if it be conceded tbat, under tbe circumstances, ten days notice should bave been given, notwithstanding it does not appear tbat tbe defendant has suffered any barm by reason thereof, because tbe defendant made no motion before tbe referee to tbe effect tbat be did not bave full opportunity to present any evidence which be deemed pertinent, nor did be make any complaint in tbe Superior Court upon tbe bearing before tbe trial judge tbat be bad been deprived of an opportunity to fully present bis cause and tbe evidence to sustain it.

Hence tbe Court is persuaded tbat tbe judgment rendered should stand. Coleman v. McCullough, 190 N. C., 590, 130 S. E., 508.

Affirmed.