Ballenger Paving Co. v. North Carolina State Highway Commission

The defendant has specifically waived its assignments of error 1 and 2 which charged that the facts found by the Board of Review are not supported by competent evidence. The position of the defendant on this appeal is that the Board’s findings of fact are supported by competent evidence but that the judge exceeded his jurisdiction by making additional findings of fact upon which he based a new award, of $2,000.00 to the plaintiff. The defendant argues that the quoted portions of the judgment (unnumbered paragraphs 4, 5, & 6) are a nullity and that the cause should be remanded for judgment in…