Griffin v. Jones

54 S.E.2d 920, 230 N.C. 612, 1949 N.C. LEXIS 390

Opinion

Eevin, J.

The order of reference was made by the court without objection, and by reason thereof the reference was a reference by consent in legal contemplation. Grant v. Hughes, 96 N.C. 177, 2 S.E. 339. The plaintiff’s attack upon the validity of the findings of fact of the referee is unavailing. These findings are conclusive, and will not be reviewed on appeal because they were supported by evidence at the hearing and have been adopted by the court. McIntosh: North Carolina Practice and Procedure in Civil Cases, Section 536. It was within the discretion of the referee whether or not he should view the premises involved in the action. Thus, no error can he predicated upon his failure to inspect the locus in quo. The judgment of the Superior Court must be upheld.

Judgment affirmed.