Batson v. City Laundry Co.

At the hearing of the defendant’s motion that the action be dismissed for the reason, among others, that the judgment of nonsuit in the former action is a bar to plaintiff’s recovery in this action, the court considered the evidence offered by the plaintiff at the trial, and from such evidence found the facts on which the motion of the defendant was allowed. See Batson v. Laundry Co., 206 N. C., 371, 174 S. E., 90. Ordinarily, if there was evidence tending to show the facts on which a motion was allowed, or denied, to be as found by the court, its findings of fact will not be reviewed by this…