Steed v. Dover Lumber Co.

107 S.E. 445, 181 N.C. 508, 1921 N.C. LEXIS 132

• Court: Supreme Court of North Carolina
• Decided: June 3, 1921
• Status: Published

Opinion

Pee CubiaM.

The findings of fact of a referee, approved by tbe trial judge, are not subject to review upon appeal, if supported by any competent evidence. Dorsey v. Mining Co., 177 N. C., 60; Hudson v. Morton, 162 N. C., 6; Hunter v. Kelly, 92 N. C., 285. Likewise where the judge of the Superior Court, upon hearing and considering exceptions to a referee’s report, makes different or additional findings of fact, they afford no ground for exception on appeal unless there is no sufficient evidence to support them, or error has been committed in receiving or rejecting testimony upon which they are based, or unless some other question of law is raised with respect to said findings. Caldwell v. Robinson, 179 N. C., 518; Thompson v. Smith, 156 N. C., 345.

A careful examination of the record in the instant case discloses that a full and extended hearing was had before the referee, and that his Honor heard the exceptions to the referee’s report evidently with laborious and painstaking care. It further appears that his findings and judgment are supported by the evidence. Hence, upon the record, we have discovered no sufficient cause for disturbing the result.

The controversy was largely one of fact, and no material benefit would be derived from discussing the exceptions seriatim. We find no reversible error. .

Affirmed.