Southern Spruce Co. v. Hayes
Supreme Court of North Carolina
Appeai, by plaintiff from judgment rendered by Justice, J., at chambers, 30 December, 1914; from Swaiít. Action of trespass for damages for the wrongful cutting of timber upon certain lands described in the pleadings. The defendants not only denied the plaintiff’s title, but pleaded a counterclaim for damages sustained by them by reason of the wrongful issuing of an injunction.
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Appeai, by plaintiff from judgment rendered by Justice, J., at chambers, 30 December, 1914; from Swaiít. Action of trespass for damages for the wrongful cutting of timber upon certain lands described in the pleadings. The defendants not only denied the plaintiff’s title, but pleaded a counterclaim for damages sustained by them by reason of the wrongful issuing of an injunction. The cause was pending in the Superior Court of Swain County and at March Term, 1914, was referred to a referee by consent. The referee made his report and the plaintiff filed exceptions. These exceptions were heard by…
1Opinion of the Court
Pee Cueiam.
It was very earnestly contended upon the argument that the learned judge did not review the findings of fact made by the referee, but adopted them pro forma without examination. "We find nothing in the record to justify such contention. The judge of the Superior Court is not obliged to write out his reasons for adopting the findings of fact made by a referee.
In this case the fourteen findings of fact seem to have been considered by the judge and affirmed and adopted by him seriatim. The ten conclusions of law reached by the referee are also specifically numbered and affirmed by the…
2Cited by6 opinions
- McGeorge v. . NicolaSupreme Court of North Carolina · 1917
- Martin v. McBrydeSupreme Court of North Carolina · 1921
- Martin v. . McBrydeSupreme Court of North Carolina · 1921
- Wilson Ford Tractor, Inc. v. Massey-Ferguson, Inc.Court of Appeals of North Carolina · 1992
- State Ex Rel. Marler-Dalton-Gilmer Co. v. GoldenSupreme Court of North Carolina · 1916
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