Hardy v. Thornton.

134 S.E. 641, 192 N.C. 296, 1926 N.C. LEXIS 284

• Court: Supreme Court of North Carolina
• Decided: October 13, 1926
• Status: Published

Opinion

Per Curiam.

Tbe court ordered a compulsory reference under C. S., 573, because tbe controversy involved tbe “examination of a long account on either side.” Tbe exceptions to tbe compulsory reference were withdrawn. It is established law in this State that a finding of fact by a Superior Court judge on exceptions to a referee’s report is not reviewable in tbe Supreme Court if there is evidence to support such finding by tbe trial judge. Miller v. Groome, 109 N. C., 148; Thompson v. Smith, 156 N. C., 345; Dumas v. Morrison, 175 N. C., 431; Caldwell v. Robinson, 179 N. C., 518.

In this case the findings of fact are all supported by evidence, and have been approved by the trial judge. Hence, such findings are not reviewable in this Court. Dorsey v. Mining Co., 177 N. C., 60.

The record is voluminous and many exceptions were taken to the evidence and the charge of the court. Each of the exceptions has been examined and considered, but the Court is of the opinion that the case was properly tried and in accordance with well-settled principles of law.

No error.