[Download] "Rural Plumbing and Heating Inc. v. Hope Dale Realty Inc." by Supreme Court of North Carolina * Book PDF Kindle ePub Free
eBook details
- Title: Rural Plumbing and Heating Inc. v. Hope Dale Realty Inc.
- Author : Supreme Court of North Carolina
- Release Date : January 24, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Appellants' first assignment of error is that Judge Bundy ""erred in signing the judgment affirming the report of the referee for the reason that the evidence is insufficient to support the findings of fact and that the findings of fact are insufficient to support the conclusions of law contained in said report. (Exception #1, R. p. 121.)"" Appellants have no exception to any specific finding of fact they wish to challenge. In fact, they have no exception to any of the findings of fact. In the appeal entries, they object to the judgment and except to the signing and rendition thereof, and after the appeal entries appears their Exception #1. Their appeal entries were filed on 24 February 1964, and the judgment from which the appeal was taken was entered on 12 February 1964. Their assignment of error ""that the evidence is insufficient to support the findings of fact"" does not present for review the findings of fact or the sufficiency of the evidence to support them, for three reasons: (1) This part of the assignment of error is not based on an exception or exceptions duly noted, and an assignment of error must be based on an exception, Strong's N.C. Index, Vol. 1, Appeal and Error, § 19; (2) an exception to the judgment does not present for review the findings of fact or the sufficiency of the evidence to support them, Equipment Co. v. Johnson, Comr. of Revenue, 261 N.C. 269, 134 S.E.2d 327; Merrell v. Jenkins, 242 N.C. 636, 89 S.E.2d 242; Strong's N.C. Index, Vol. 1, Appeal and Error, § 22; and (3) the assignment of error as to the findings of fact is broadside. They do not point out specifically the alleged error. Logan v. Sprinkle, 256 N.C. 41, 123 S.E.2d 209; Merrell v. Jenkins, supra; Heath v. Manufacturing Co., 242 N.C. 215, 87 S.E.2d 300; Suits v. Insurance Co., 241 N.C. 483, 85 S.E.2d 602; Burnsville v. Boone, 231 N.C. 577, 58 S.E.2d 351.