Thompson v. Hood, 203 N.C. 851 (1932)

Nov. 2, 1932 · Supreme Court of North Carolina

203 N.C. 851

W. E. THOMPSON v. GURNEY P. HOOD, Commissioner of Banks.

(Filed 2 November, 1932.)

Appeal and Error J c — findings of fact are conclusive when supported by evidence.

Tbe findings of fact by tbe referee, approved by tbe trial court, and supported by the evidence are conclusive on appeal.

Appeal by plaintiff from Barnhill, J., at August Term, 1932, of Obange.

Affirmed.

Tbis is an action to recover judgment for tbe amount due plaintiff by tbe Bank of Efland, wbicb is now insolvent and in tbe bands of defendant for liquidation. Tbe action was beard upon plaintiff’s exceptions to tbe report of tbe referee. These exceptions were not sustained. Tbe report was confirmed in all respects.

From judgment in accordance with tbe report of tbe referee, tbe plaintiff appealed to tbe Supreme Court.

8. M. Gattis, Jr., for plaintiff.

Graham & Sawyer for defendant.

Per Curiam.

There was sufficient evidence at tbe trial of tbis action to support tbe findings of fact made by tbe referee, and approved by tbe judge. These findings of fact are, therefore, conclusive.

“It is settled by all tbe decisions on tbe subject, with none to tbe contrary, that tbe findings of fact, made by a referee, and approved by tbe trial judge, are not subject to review on appeal, if they are supported by any competent evidence.” Kenney v. Hotel Co., 194 N. C., 44, 138 S. E., 349.

Tbe judgment upon tbe facts set out in tbe report of tbe referee, is

Affirmed.