S. J. Bartholomew & Co. v. Parrish

The judge found the facts and embodied them in the judgment. On the findings made, supported, as they are, by competent evidence, the motion was properly overruled. Smith v. Holmes, 148 N. C., 210; Marsh v. Griffin, 123 N. C., 660. But in the statement of case on appeal the following appears:

“At the conclusion of the reading of the affidavits the court stated that, while -it seemed a great hardship upon the defendant, it would hold as a matter of law upon the defendant’s own showing and taking tbe contents of tbe affidavits in consideration, tbat be was not entitled to bave tbe judgment set…