Legal Opinion

North Carolina State Highway Commission v. Rankin

Court of Appeals of North Carolina

Decided September 25, 1968No. 6817SC244PublishedCited by 9 opinions

1Opinion of the CourtMallard, C.J.

Defendants make two assignments of error based upon two exceptions. The first is to the finding that the taking was not a denial of reasonable access, reached by Judge Godwin. The defendants’ second exception is to the order signed after the hearing to determine the issues

There was no exception taken to the findings of fact. “An exception to the judgment does not present for review the findings of fact or the evidence on which they are based. . . . When there is no exception to the findings of fact by the court, the facts found will be assumed correct and supported by the evidence. ...” 1…

2Cases cited4 opinions

  1. Brown Ex Rel. Brown v. Charlotte-Mecklenburg Board of EducationSupreme Court of North Carolina · 1967
  2. North Carolina State Highway Commission v. NucklesSupreme Court of North Carolina · 1967
  3. State Highway Commission v. Raleigh Farmers Market, Inc.Supreme Court of North Carolina · 1965
  4. Prestige Realty Co. v. State Highway CommissionCourt of Appeals of North Carolina · 1968

3Cited by9 opinions

  1. Department of Transportation v. HarkeySupreme Court of North Carolina · 1983
  2. State Highway Commission v. YarboroughCourt of Appeals of North Carolina · 1969
  3. Haymore v. North Carolina State Highway CommissionCourt of Appeals of North Carolina · 1972
  4. Allison v. AllisonCourt of Appeals of North Carolina · 1981
  5. North Carolina State Highway Commission v. WortmanCourt of Appeals of North Carolina · 1969

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