From Casetext: Smarter Legal Research

Story v. Truitt

Supreme Court of North Carolina
May 1, 1927
138 S.E. 121 (N.C. 1927)

Opinion

(Filed 18 May, 1927.)

Reference — Evidence — Appeal and Error — Trial by Jury — Waiver.

Where there is conflicting evidence, the report of the referee approved and affirmed by the trial judge upon sufficient evidence, is not reviewable on appeal, when a jury trial has been waived by the conduct of the parties.

APPEAL by plaintiff from Calvert, J., at October Term, 1926, of HERTFORD.

R. C. Bridger for plaintiff.

John E. Vann and W. D. Boone for defendant J. W. Truitt.


At April Term, 1923, a compulsory reference in the above entitled action was ordered by the court below, and L. J. Lawrence, Esquire, was appointed referee. The record, which imports verity, shows that no exception was taken by the plaintiff to the reference. The right to a jury trial was waived. Driller Co. v. Worth, 117 N.C. p. 515; Baker v. Edwards, 176 N.C. 229; Jenkins v. Parker, 192 N.C. 188; Burroughs v. Umstead, ante, 842.

"It is the accepted position with us that the findings of fact by a referee, concurred in by the judge, are conclusive when there is competent evidence to sustain them." Comrs. v. Abee Bros., 175 N.C. 701; Hardy v. Thornton, 192 N.C. p. 296; Cotton Mills v. Cotton Yarn Co., ibid., p. 713.

Upon a careful perusal of the record, there was competent evidence to sustain the findings of fact by the referee. The court below, in its judgment, set forth that exceptions of plaintiff were overruled, and "hereby confirms and adopts the findings of fact and conclusions of law set forth in said report of the referee as fully and in the same manner as if herein recited."

For the reasons given, the judgment of the court below is

Affirmed.


Summaries of

Story v. Truitt

Supreme Court of North Carolina
May 1, 1927
138 S.E. 121 (N.C. 1927)
Case details for

Story v. Truitt

Case Details

Full title:P. D. STORY v. J. W. TRUITT, TRADING AS J. W. TRUITT COMPANY, AND J. P…

Court:Supreme Court of North Carolina

Date published: May 1, 1927

Citations

138 S.E. 121 (N.C. 1927)
138 S.E. 121

Citing Cases

State v. Ellis

The record imports verity. Story v. Truitt, 193 N.C. 851; Cogdill v. Hardwood Co., 194 N.C. at p. 747. In S.…

Smith v. Land Bank

DEVIN, J. The rule is established in this jurisdiction that findings of fact by a referee, concurred in by…