Cooper v. Rosser

Hall, Justice.

Plaintiffs appeal from a judgment for the defendant in a suit to enjoin encroachments and for damages.

1. Eight of nine enumerations allege that the evidence demanded a finding in favor of the appellants against appellee. With reference to actions in superior court tried upon the facts without a jury, as in this case, Code Ann. § 81A-152 (a) provides in part: "Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witness.” This court has consistently held that even…