Œttinger Lumber Co. v. W. I. Anderson & Co.

146 S.E. 88, 196 N.C. 474, 1929 N.C. LEXIS 17

Opinion

Stacy, C. J.

The evidence taken before the referee, and upon which the judge made his finding as to the nonliability of the Leaksville Lumber Company as principal on the bond in suit, is not incorporated in the record; hence we are not able to say that the finding is without any evidence to support it. The presumption is otherwise. S. v. Jackson, 183 N. C., 695, 110 S. E., 593; McGeorge v. Nicola, 173 N. C., 707, 91 S. E., 708.

It is assumed, on appeal, in the first instance, that the judgment of the Superior Court is correct, and the party alleging error must show it. J ones v. Candler, ante, 382.

As no error has been made to appear, the judgment must be upheld.

Affirmed.