MacKay v. McIntosh

The only question presented by plaintiff’s exception to the judgment is whether error of law appears on the face of the record proper. 1 Strong, N. C. Index, Appeal and Error § 21. Since the court's factual findings with reference to mutual mistake support the judgment, this exception is without merit.

Plaintiff’s remaining exceptions consist of the objections set forth in the appeal entries to the effect that the findings of fact are not supported by the evidence. Upon waiver of jury trial, the court’s findings of fact, if supported by competent evidence, have the force and effect of a…