Never Fail Land Co. v. Cole

This is an injunction proceeding.

In Hyatt v. DeHart, 140 N. C., at p. 271, the law as stated: “Ordinarily, the findings of fact by the judge below are conclusive on appeal. While this is not true as to injunction eases, in which we look into and review the evidence on appeal, still there is the presumption always that the judgment and proceedings below are correct and the burden is upon the appellant to assign and show error.” Seip v. Wright, 173 N. C., 14; Wentz v. Land Co., 193 N. C., 32.

In Long v. Meares, 196 N. C., 212-3, speaking to the subject of the principal binding a surety on a.…