Simonton v. . Chipley

64 N.C. 152

• Court: Supreme Court of North Carolina
• Decided: January 5, 1870
• Status: Published

Opinion

Dick, J.

This court cannot review the judgment in the court below, as it was rendered in the exercise of a discretionary power in matters of fact.

The appellate jurisdiction of this court extends only to the correction of errors in law. It cannot hear evidence in a cause, and of course cannot properly determine questions, depending upon facts.

This doctrine has been so fully discussed, and is so well settled, that it is unnecessary for us to consider it further: Britt v. Patterson, 10 Ire. 390; Bagley v. Wood, 12 Id. 90.

We concur in the ruling of his Honor in the court below, and the judgment must be affirmed.

As the records of the late County Court are now under the control of the Superior Court, that coiut must make the amendment ordered by the County Court, and the parties can proceed as they may be advised.

Let this be certified.

Per Curiam:. Judgment affirmed.