Southern Fertilizer Co. v. Reams
Supreme Court of North Carolina
This was a Supplementary Proceeding, heard at the August Term, 1889, of Orange Superior Court, before Graves, J. ■ The purpose was to subject certain moneys' ($25,000) recov■ered in suits brought by the receiver of the defendant IP. A. Reams, against some insurance companies, for loss resulting from burning some tobacco, and tried, after removal into the United States Circuit Court.
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This was a Supplementary Proceeding, heard at the August Term, 1889, of Orange Superior Court, before Graves, J. ■ The purpose was to subject certain moneys' ($25,000) recov■ered in suits brought by the receiver of the defendant IP. A. Reams, against some insurance companies, for loss resulting from burning some tobacco, and tried, after removal into the United States Circuit Court. The plaintiffs in these proceedings are the judgment creditors of the defendant Reams, by judgments obtained prior to certain transactions between the defendant and one Eugene Morehead, by which he became indebted…
1Opinion of the Court
Shepherd, J.:
Several exceptions are made by the plaintiffs to the findings of fact by the Court below, and it is insisted that these should now be reviewed by us.
It appears from the record that the parties agreed that the Judge should find the facts, and it is well settled that where such an agreement is made the findings are conclusive. Cooper v. Middleton, 94 N. C., 86; Vaughan v. Lewellyn, 94 N. C., 472; Barbee v. Green, 92 N. C., 471; Battle v. Mayo, 102 N. C., 413.
The only exceptions thit will be entertained in such cases are, that there was no evidence to support the findings; that…
2Cases cited13 opinions
- Richardson v. . HughittNew York Court of Appeals · 1879
- Battle v. MayoSupreme Court of North Carolina · 1889
- Van Slyke v. . HyattNew York Court of Appeals · 1871
- Jones v. . CallSupreme Court of North Carolina · 1885
- Straus, Hartman, Hofflin & Co. v. BeardsleySupreme Court of North Carolina · 1878
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3Cited by26 opinions
- Rae v. CameronMontana Supreme Court · 1941
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- Johnson Ex Rel. Dickson v. GillSupreme Court of North Carolina · 1952
- Blackburn v. St. Paul Fire & Marine InsuranceSupreme Court of North Carolina · 1895
- Ferrell v. . BroadwaySupreme Court of North Carolina · 1900
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