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

Supreme Court of North Carolina

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

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

CourtSupreme Court of North Carolina

DecidedJanuary 9, 1929

StatusPublished

Cited by2 cases

This text of 146 S.E. 88 (Œttinger Lumber Co. v. W. I. Anderson & Co.) 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

Œttinger Lumber Co. v. W. I. Anderson & Co., 146 S.E. 88, 196 N.C. 474, 1929 N.C. LEXIS 17 (N.C. 1929).

Pincite

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.

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