Williams v. Hyman, 153 N.C. 166 (1910)

Oct. 12, 1910 · Supreme Court of North Carolina

153 N.C. 166

JENNIE B. WILLIAMS et als. v. A. P. HYMAN, Administrator of Maggie W. Hyman et als.

(Filed 12 October, 1910.)

Appeal and Error — Objections and Exceptions — Referee—Findings— Evidence.

Exceptions to the findings of fact by a referee, approved by tbe trial judge, if supported by any evidence, will not be considered on appeal. '

Appeal from Gmon, J., at tbe April.Term, 1910, of Edge-COMBE.

Civil action beard upon exceptions to report of referee.

His Honor overruled defendant’s exceptions, affirmed tbe findings of fact of tbe referee and rendered judgment for plaintiff. Defendant excepted and appealed.

Gilliam & Gilliam, B. M. Gatling for plaintiff.

W. Stamps Sowar A, G. M. T. Fountain & Son for defendant.

Pee CuRiAM.

Upon a consideration of tbis record we are of opinion tbat tbe controversy is practically determined by tbe findings of fact made by tbe court below, wbicb we are not at liberty to disturb. There is evidence to support tbe findings and in sucb case tbey are binding upon us. Gudger v. Baird, 66 N. C., 438; Battle v. Mayo, 102 N. C., 413; Dunavant v. R. R., 122 N. C., at page 1001; Lewis v. Covington, 130 N. C., 542. In tbe látter case it is said: “Tbe exceptions of tbe defendant to tbe findings of fact by tbe referee are tbat said findings are contrary to tbe weight of evidence, or tbat tbey are not supported by tbe evidence, but none of these exceptions are put upon tbe ground tbat there was.no evidence to support them. And tbis being so, we have no right to review them and must take them as found by tbe referees and tbe presiding judge.”

Tbe judgment of tbe Superior Court is

Affirmed.