Turner v. Southeastern Grain & Livestock Co.

129 S.E. 725, 190 N.C. 331, 1925 N.C. LEXIS 71

• Court: Supreme Court of North Carolina
• Decided: October 21, 1925
• Status: Published

Opinion

Stacy, C. J.

The judge found the facts, as he is required to do, and embodied them in the judgment. Smith v. Holmes, 148 N. C., 210. Upon the findings made, supported, as they are, by competent evidence, the motion was properly overruled. Bartholomew v. Parrish, ante, 151.

Not only did the judge find, upon ample evidence, that the appealing plaintiffs were duly represented by reputable and solvent counsel at the time of tbe entry of tbe judgment in question and that tbe same was taken tbrougb no mistake, inadvertence, surprise or excusable neglect on their part or on tbe part of tbe appealing plaintiffs, but be went further and found that tbe plaintiffs bad no meritorious cause of action in tbe matters alleged and upon which suit was based. Crumpler v. Hines, 174 N. C., 284. These findings are fatal to tbe appeal of tbe plaintiffs. Bank v. Duke, 187 N. C., 386; Norton v. McLaurin, 125 N. C., 185. And they are binding on us. Gaster v. Thomas, 188 N. C., 346.

There is no error appearing on tbe record.

Affirmed.