Mitchell v. Barfield

The findings of fact of the judge of the Superior Court bad ample support in the evidence at the trial. In consequence, they must be accepted as final truth upon the appeal to the Supreme Court. Marshall v. Bank, 206 N.C. 466, 176 S.E. 314; Distributing Corp. v. Seawell, 205 N.C. 359, 171 S.E. 354; Eley v. R.R., 165 N.C. 78, 80 S.E. 1064.

In reaching this conclusion, we do not ignore the seven assignments of error based on the refusal of the judge to find facts in accordance with requests of the defendants. These assignments are untenable. When be passed on the requests for findings, the judge…