Dunn v. . McKnight

Supreme Court of North Carolina

Dunn v. . McKnight

129 S.E. 585, 190 N.C. 860, 1925 N.C. LEXIS 210

DecidedOctober 7, 1925

StatusPublished

This text of 129 S.E. 585 (Dunn v. . McKnight) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dunn v. . McKnight, 129 S.E. 585, 190 N.C. 860, 1925 N.C. LEXIS 210 (N.C. 1925).

Pincite

Opinion

Pee CuRiam.

This was an action in ejectment to recover real property, brought by plaintiff against defendant. Tbe summons and complaint were duly served on defendant, who filed answer and defense bond. Plaintiff made motion before tbe clerk to strike out answer and for judgment by default final. This motion was denied by tbe clerk, and plaintiff appealed to tbe Superior Court. Tbe cause was duly transferred to tbe civil issue docket of tbe Superior Court at term for trial upon tbe issues raised by tbe pleadings.'

Tbe matters in controversy were beard after notice by defendant to plaintiff, at August Term, 1925, by bis Honor, Barnhill, J., who found *861 all the facts entitling defendant to the judgment rendered. The presumption of law is that the finding of facts by the court below is based on competent evidence, and, ordinarily, this Court is bound by the findings.

We think, under all the facts and circumstances of this case, that the judgment of the court below should be

Affirmed.

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Pee CuRiam.

This was an action in ejectment to recover real property, brought by plaintiff against defendant. Tbe summons and complaint were duly served on defendant, who filed answer and defense bond. Plaintiff made motion before tbe clerk to strike out answer and for judgment by default final. This motion was denied by tbe clerk, and plaintiff appealed to tbe Superior Court. Tbe cause was duly transferred to tbe civil issue docket of tbe Superior Court at term for trial upon tbe issues raised by tbe pleadings.'

Tbe matters in controversy were beard after notice by defendant to plaintiff, at August Term, 1925, by bis Honor, Barnhill, J., who found *861 all the facts entitling defendant to the judgment rendered. The presumption of law is that the finding of facts by the court below is based on competent evidence, and, ordinarily, this Court is bound by the findings.

We think, under all the facts and circumstances of this case, that the judgment of the court below should be

Affirmed.

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Bluebook (online)

129 S.E. 585, 190 N.C. 860, 1925 N.C. LEXIS 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-mcknight-nc-1925.