Newbern v. Barnes

Defendants assign as error finding of fact number 4, all of the conclusions of law, and the entry of the judgment. Although labeled as a finding of fact, finding number 4 is a conclusion of law which in effect is the same as conclusion of law number 1; therefore, we consider assignment of error number 1 as though made to conclusion of law number 1.

An assignment of error to a conclusion of law presents for review the question of whether the facts found, or admitted, support the conclusion. Brown v. Board of Education, 269 N.C. 667, 153 S.E. 2d 335.

By conclusion of law number 1 the trial judge…