Henderson Cotton Mills v. Local Union No. 584, Textile Workers Union of America
Henderson Cotton Mills v. Local Union No. 584, Textile Workers Union of America
Opinion of the Court
Here; as in case No. 385, Harriet Cotton Mills v. Local Union No. 578, Textile Workers Union of America (AFL-CIO) et al., ante, 218 and in No. 389, Henderson Cotton Mills v. Local Union No. 584, Textile Workers Union of America (AFL-CIO) et al, ante,
It is noted that only two of these four assignments of error are discussed in appellant’s brief. The others therefore are deemed as abandoned. Rule 28 of the Rules of Practice in the Supreme Court, 221 N.C. 544, at p. 562, et seq. See also like ruling in case No. 389, Henderson Cotton Mills v. Local Union No. 584, Textile Workers Union of America (AFL-CIO) et al, ante, 234 and case No. 393, Henderson Cotton Mills v. Local Union No. 584, Textile Workers Union of America (AFL-CIO) et al, ante, 240.
And of the two assignments of error with respect to which discussion is made in appellant’s brief it is contended that the Respondents, and each of them, were denied the right to face -and cross-examine their accusers, contrary to the laws of the State of North Carolina. Here as in case No. 385, Harriett Cotton Mills v. Local Union No. 578, Textile Workers Union of America (AFL-CIO) et al, ante, 218 and in case No. 393, Henderson Cotton Mills v. Local Union No. 584, Textile Workers Union of America (AFL-CIO) et al, ante, 240 the Respondents did not object to the introduction of the affidavits when offered, nor did they move to strike the evidence contained therein, or any part of it; nor did they request 'am opportunity to examine Raymond Ayscue or the Sheriff, the makers of the affidavits or either of them; nor did they except to the order of Bickett, J., on the ground set forth in the ■assignment of error; and, therefore, on the authority of the opinion in case No. 385, referred to above, this assignment of error is overruled.
Appellants’ remaining assignment of error is based on their general exception to Judge Bickett’s order and to the findings of fact and conclusions of law. This exception is broadside, and therefore subject to denial.
Nevertheless, a careful examination of the record reveals that the facts found by the court with respect to the wilful violation of the restraining order by each of the respondents are supported by competent evidence and such findings are binding upon appeal — as in case No. 389, referred to above, and decisions there cited. Hence on authority thereof, as well as of cases numbers 385 and 393, above referred to,
Affirmed.
Reference
- Full Case Name
- HENDERSON COTTON MILLS v. LOCAL UNION NO. 584, TEXTILE WORKERS UNION OF AMERICA (AFL-CIO) TEXTILE WORKERS UNION OF AMERICA (AFL-CIO) DOUG ROSE, NICK LANGLEY, RUFUS STRANGE, M. LUTHER JACKSON, VERNON W. BURNETTE, ANDREW C. TURNER, CARL C. MOORE, RALPH F. HARRIS, WILLARD O. FAULKNER, JAMES B. H. ROBERSON, ALBERT L. BATTON, HENRY W. STALLINGS, EDWARD J. OFTEN, JAMES E. REARDON, RICHARD F. PARROTT, CLARENCE E. HARPER, JOHN E. STALLINGS, JOE HALE, JOHN LONG, HARRY HICKS, EDWIN ELLINGTON, COY L. PEGRAM, SHERMAN FERRELL, FRANK O. TURNER, LINVIL NELSON, SIDNEY WALLACE, PHIL HARRIS, ELMORE MURPHY, MACON RENN, JOHN OWEN, CLIFTON CARTER, SANDY SAM ROBERSON, JAMES BARKER, EDWARD MOSELEY, WILLIAM TART, MELVIN BRAME, HERMAN MULCHI, R. TALMADGE HARPER, BILLY THOMPSON, JOHN G. MULCHI, JAMES M. WILKERSON, and all other persons to whom notice and knowledge of this action may come
- Status
- Published