Legal Opinion · Concurrence

Cameron v. . Power Co.

Supreme Court of North Carolina

Decided November 30, 1904Published

ActioN by tbe Oameron-Barldey Company against the Thornton Light and Power Company. Petition by the plaintiff for certiorari to correct the case on appeal.

1ConcurrenceClark, C. J.

The rulings of this Court are uniform, that a certiorari will issue to send up the exceptions to the charge if filed within ten days after adjournment of Court, because filing such exceptions is the act of appellant and the exceptions are a part of the record. Love v. Elliott, 107 N. C., 718. But as to all matters transpiring during the trial, if counsel cannot agree upon a statement, the Judge settles the case and the case thus settled is conclusive. This Court has no power to examine witnesses and find the facts differently, nor can we command the Judge to state the facts differently, for…

2Cases cited5 opinions

  1. Lowe v. . ElliottSupreme Court of North Carolina · 1890
  2. Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
  3. Broadwell v. . RaySupreme Court of North Carolina · 1892
  4. Allen v. . McLendonSupreme Court of North Carolina · 1893
  5. City National Bank of Norfolk v. BridgersSupreme Court of North Carolina · 1894

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