Lumber Co. v. . Abernathy Moore v. . Lumber

Supreme Court of North Carolina

Lumber Co. v. . Abernathy Moore v. . Lumber

162 S.E. 236, 202 N.C. 219, 1932 N.C. LEXIS 462

DecidedJanuary 27, 1932

StatusPublished

This text of 162 S.E. 236 (Lumber Co. v. . Abernathy Moore v. . Lumber) 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

Lumber Co. v. . Abernathy Moore v. . Lumber, 162 S.E. 236, 202 N.C. 219, 1932 N.C. LEXIS 462 (N.C. 1932).

Pincite

Opinion

Pee Cueiam.

There was no error in the refusal of the judge to sign the judgment tendered by the intervener. The contention of the in-tervener that he was entitled to judgment on the bond executed by the Sterling Lumber Company as principal, and Columbia Casualty Company, as surety, to R. 0. Moore, cannot be sustained. There is no finding of fact or conclusion of law in the report of the referee to support this contention. The intervener did not except to the report of the referee, and for this reason is entitled to judgment only in accordance with the report.

There is no error in the judgment signed by the judge. It is in accordance with the report of the referee and is, therefore,

Affirmed.

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Pee Cueiam.

There was no error in the refusal of the judge to sign the judgment tendered by the intervener. The contention of the in-tervener that he was entitled to judgment on the bond executed by the Sterling Lumber Company as principal, and Columbia Casualty Company, as surety, to R. 0. Moore, cannot be sustained. There is no finding of fact or conclusion of law in the report of the referee to support this contention. The intervener did not except to the report of the referee, and for this reason is entitled to judgment only in accordance with the report.

There is no error in the judgment signed by the judge. It is in accordance with the report of the referee and is, therefore,

Affirmed.

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Bluebook (online)

162 S.E. 236, 202 N.C. 219, 1932 N.C. LEXIS 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lumber-co-v-abernathy-moore-v-lumber-nc-1932.