Supreme Court of North Carolina, 1916

Miller v. . Latta

Miller v. . Latta
Supreme Court of North Carolina · Decided November 15, 1916 · AlleN
90 S.E. 517; 172 N.C. 498; 1916 N.C. LEXIS 326 (South Eastern Reporter)

Miller v. . Latta

Opinion of the Court

AlleN, J.

The judgment appealed from shows that the judge of the Superior Court had the benefit of argument and that he carefully considered the evidence taken by the referee, and when this course is pursued his findings of fact are conclusive upon us, in the absence of an exception that there is no evidence to support the finding, and we find no such exception. Wynn v. Bullock, 154 N. C., 882; Culver v. Jennings, 157 N. C., 565.

We have, however, examined the record and are of opinion there is evidence to sustain the finding as to the order of $860, and to support the contention of the plaintiffs that the order of 21 July, 1911, for $854.84 was not given in substitution for the first order.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.