London v. Commissioners

When exceptions have been filed to a referee’s report and thereunder the judge finds the facts upon such exceptions, such findings are not reviewable in the Supreme Court, if there is evidence to support them. Miller v. Groome, 109 N. C., 148; Dumas v. Morrison, 175 N. C., 431; Caldwell v. Robinson, 179 N. C., 518; Hardy v. Thornton, 192 N. C., 296; Greer v. Comrs., 192 N. C., 714.

The referee found as a fact: “No action was ever taken by the board of commissioners, acting as a body or in meeting assembled, changing or modifying the written contract.”

The judge overruled this finding of fact…