Travers v. . Deaton
Supreme Court of North Carolina
This was a Motion to vacate an order for arrest of the defendant in arrest and bail proceedings, heard by McCorMe, J., at Dobson, in Surry County, at Chambers, during the August Term, 1890, of Surry Superior Court. The plaintiffs brought their action, and at once applied for and obtained an order of arrest, under which the defendant was arrested. Afterwards, the latter moved to vacate the order of arrest.
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This was a Motion to vacate an order for arrest of the defendant in arrest and bail proceedings, heard by McCorMe, J., at Dobson, in Surry County, at Chambers, during the August Term, 1890, of Surry Superior Court. The plaintiffs brought their action, and at once applied for and obtained an order of arrest, under which the defendant was arrested. Afterwards, the latter moved to vacate the order of arrest. The Court heard the motion upon affidavits and the written contract sued upon, and found the facts, the material parts of which findings are as follows: “That on the 19th of December, 1888,…
1Opinion of the CourtMerrimoN, C. J.
after stating the facts: This is an action at law, and hence we have no authority to review the find-. ings of fact by the Court below. Such findings are final, and must be accepted here as warranted by competent evidence, unless it should be objected in a proper way that' there was no evidence to support the findings, or one or more of them. We can only review questions and matters of law in such cases arising upon the facts as found. Burke v. Turner, 85 N. C., 600; Hale v. Richardson, 89 N. C , 62; Young v. Rollins, 90 N. C., 125; Coates v. Wilkes, 92 N. C., 376, and there are many other…
2Cases cited6 opinions
- Coates Bros. v. . WilkesSupreme Court of North Carolina · 1885
- Young v. . RollinsSupreme Court of North Carolina · 1884
- Chemical Co. v. . JohnsonSupreme Court of North Carolina · 1887
- Powers v. . DavenportSupreme Court of North Carolina · 1888
- State v. . GreenSupreme Court of North Carolina · 1881
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3Cited by12 opinions
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- Parker v. . McPhailSupreme Court of North Carolina · 1893
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- Gilmore v. . SmathersSupreme Court of North Carolina · 1914
- Boykin v. . MaddreySupreme Court of North Carolina · 1894
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