Phillips v. Alston
Supreme Court of North Carolina
1Opinion of the CourtRodmaN, J.
Defendant does not except to the facts found by the court. He merely excepts to the conclusions declared to result from the facts found. Illustrative: The court found defendant was operating his automobile “at a greater rate of speed than was prudent under the circumstances and conditions then existing.” No exception was taken to this finding. Based on the finding the court concluded defendant had violated the provisions of G.S. 20-141 (a). Defendant’s first exception is to this conclusion. His exceptions 2, 3, 4, and 5 are similar in character.
Defendant says in his brief: “There is no…
2Cases cited13 opinions
- Hamilton Fire Insurance v. GregerNew York Court of Appeals · 1927
- City of New York Insurance v. TiceSupreme Court of Kansas · 1944
- Burgess v. TrevathanSupreme Court of North Carolina · 1952
- Winkler v. Appalachian Amusement Co.Supreme Court of North Carolina · 1953
- Underwood v. . DooleySupreme Court of North Carolina · 1929
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cash v. State Farm Mutual Automobile InsuranceCourt of Appeals of North Carolina · 2000
- Motor Inn Management, Inc. v. Irvin-Fuller Development Co.Court of Appeals of North Carolina · 1980
- St. Paul Fire & Marine Insurance v. W. P. Rose Supply Co.Court of Appeals of North Carolina · 1973
- Keith v. GlennSupreme Court of North Carolina · 1964
- Bradford v. KellySupreme Court of North Carolina · 1963
11 more not listed; retrieve them via the Exa API.