Hardaway Contracting Co. v. Western Carolina Power Co.

Stacy, C. J.,

after stating the facts: It is the position of the plaintiff that as the reference was to report the facts, under C. S., 579, such report has the effect of a special verdict, and the defendant, having asked for the reference, is bound thereby and cannot now except to any finding of fact made by the referee, save upon the ground that there is no evidence to support it. Davis v. Schwartz, 155 U. S., 631, 39 L. Ed., 289; 23 R. C. L., 299.

To adopt this construction, we apprehend, would be to overlook the section immediately preceding, 0. S., 578, which provides that “either party,…