Thompson v. . Smith

"WalKER, J.

Tbis case was before us at a former term and is reported in 156 N. 0., at p. 345. "We tben beld tbat tbe presiding judge committed an error in affirming tbe referee’s findings of fact, merely because there was, in bis opinion, some evidence to support tbe same, but without himself passing upon tbe evidence and its probative force, and exercising his own judgment as to whether tbe facts so found bad been established by tbe proof. Tbe case was remanded, to tbe end tbat it might be beard in accordance with, tbis rule. It is now before us upon tbe findings of fact and conclusions of…