Martin v. McBryde
Supreme Court of North Carolina
Appeai, by defendant from Bond, J., at May Term, 1921, of SampsoN. This action was brought to recover the sum of $3’,663.90, alleged to be due by account stated. An attachment was issued and levied upon ■ certain personal property of the defendant, an itemized list of which was annexed by tbe sheriff to bis return.
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Appeai, by defendant from Bond, J., at May Term, 1921, of SampsoN. This action was brought to recover the sum of $3’,663.90, alleged to be due by account stated. An attachment was issued and levied upon ■ certain personal property of the defendant, an itemized list of which was annexed by tbe sheriff to bis return. The attachment was after-wards ordered by Devin, J., to be set aside at the request of J. E. Parker, receiver, in order that the operations of the Garland Lumber Company could be resumed, under its contract with defendant, and it was further ordered that “the latter” keep in his…
1Opinion of the Court
Wahker, J.,
after stating tbe case: It is -useless to consider tbe exceptions filed to tbe referee’s report as to tbe facts, further than to say tbat tbe judge afterwards reviewed tbe evidence and findings of fact by tbe referee, and approved and confirmed tbe same, adopting tbem as bis own. We bave repeatedly beld tbat, where this is the case, we will not review tbe judge’s final decision in this respect, where there is evidence to support tbe findings. Dorsey v. Mining Co., 177 N. C., 60, at p. 62; Maxwell v. Bank, 175 N. C., 180; Southern Spruce Co. v. Hayes, 169 N. C., 254, where this…
2Cases cited14 opinions
- Rocky Mount Mills v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1896
- Dorsey v. North Carolina Talc & Mining Co.Supreme Court of North Carolina · 1919
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- Maxwell v. Wayne National BankSupreme Court of North Carolina · 1918
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