Forester v. . Vyne
Cases that cite this one
1 later published case cites this decision.
- Bailey Ex Rel. Bailey v. McKay (N.C. 1930)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The defendant contends in his brief that under the decision in Thompson v. Smith, 156 N. C., 345, 72 S. E., 379, the judgment should be vacated because the judge did not examine the evidence with a view to forming his own conclusions, but simply adopted the report of the referee, as there was some evidence to support the referee’s finding of fact. In answer to this position, it is sufficient to say that the same is not apparent from the record and the question is not presented by any assignment of error.
The burden is on the appellant to show error; it is not presumed. Jones v. Candler, ante, 382; In re Ross, 182 N. C., 477, 109 S. E., 365.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.