Miller v. . Latta

90 S.E. 517, 172 N.C. 498, 1916 N.C. LEXIS 326

• Court: Supreme Court of North Carolina
• Decided: November 15, 1916
• Status: Published

Opinion

AlleN, J.

The judgment appealed from shows that the judge of the Superior Court had the benefit of argument and that he carefully considered the evidence taken by the referee, and when this course is pursued his findings of fact are conclusive upon us, in the absence of an exception that there is no evidence to support the finding, and we find no such exception. Wynn v. Bullock, 154 N. C., 882; Culver v. Jennings, 157 N. C., 565.

We have, however, examined the record and are of opinion there is evidence to sustain the finding as to the order of $860, and to support the contention of the plaintiffs that the order of 21 July, 1911, for $854.84 was not given in substitution for the first order.

Affirmed.