Murphy v. Smith

’WiNBORNE, J.

After careful consideration of tbe several assignments of error presented by appellants, tbe petitioners, on this appeal, error is-not made to appear.

Tbe first seven assignments of error are based upon exceptions to tbe failure of tbe referee to find certain facts. Such failure is not ground for exception. Hence they are untenable. Tbe failure to find certain facts might be ground for a motion to recommit the report with instructions to find them, if it appeared that they were material. Tilley v. Bivens, 110 N.C. 343, 14 S.E. 920; Blalock v. Mfg. Co., 110 N.C. 99, 14 S.E. 501;…