James v. Pretlow

Petitioner’s sole exception is to the signing of the judgment. Therefore, her assignment of error, based on this exception, presents one question for decision: whether the facts found by the Judge are sufficient to support the judgment. Warshaw v. Warshaw, 236 N.C. 754, 73 S.E. 2d 900; Glace v. Throwing Co., 239 N.C. 668, 80 S.E. 2d 759; Wyatt v. Sharp, 239 N.C. 655, 80 S.E. 2d 762; Donnell v. Cox, 240 N.C. 259, 81 S.E. 2d 664.

The judge’s findings of fact not having been excepted to “are presumed to be supported by the evidence and are binding on appeal.” Donnell v. Cox, supra.

Where one…