Baker v. . Belvin
Supreme Court of North Carolina
Civil action tried before Robinson, J., at May Term, 1897, of Nance Superior Court on appeal from the refusal by a Justice of the Peace of a motion to set aside a judgment rendered by him and on a motion for a recordari. The facts are sufficiently stated in the opinion. The action of the Justice of the Peace was affirmed and the recordari refused, and defendant appealed.
1Opinion of the Court
Clark, J.:
Except in injunction proceedings and others of that nature, or on exceptions to findings of fact upon a referee’s report upon the ground that there was no evidence, the findings of fact by the Judge below are not reviewable. (Clark’s.Code, 2nd Ed., pages 56T, 568, and Supplement to same, page 85). We will not look into the conflicting affidavits in a case of this kind, as to which the Court below was as well fitted to come to a correct conclusion upon the facts as the appellate Court, and probably more so, from a better knowledge of the witnesses and the benefit of their presence.
Upo…
2Cases cited2 opinions
- Finlayson v. American Accident Co. of LouisvilleSupreme Court of North Carolina · 1891
- Carmer v. . EversSupreme Court of North Carolina · 1879
3Cited by2 opinions
- Mohn v. . CresseySupreme Court of North Carolina · 1927
- Lewis v. CovingtonSupreme Court of North Carolina · 1900