Forester v. . Vyne

146 S.E. 146, 196 N.C. 477, 1929 N.C. LEXIS 20

• Court: Supreme Court of North Carolina
• Decided: January 9, 1929
• Status: Published

Opinion

Stacy, C. J.

The defendant contends in his brief that under the decision in Thompson v. Smith, 156 N. C., 345, 72 S. E., 379, the judgment should be vacated because the judge did not examine the evidence with a view to forming his own conclusions, but simply adopted the report of the referee, as there was some evidence to support the referee’s finding of fact. In answer to this position, it is sufficient to say that the same is not apparent from the record and the question is not presented by any assignment of error.

The burden is on the appellant to show error; it is not presumed. Jones v. Candler, ante, 382; In re Ross, 182 N. C., 477, 109 S. E., 365.

Affirmed.