Colvard v. Dicus Bros.
| Decision Date | 22 January 1930 |
| Docket Number | 631. |
| Citation | 151 S.E. 191,198 N.C. 270 |
| Parties | COLVARD et al. v. DICUS BROS. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Graham County; McElroy, Judge.
Action by Alfred H. Colvard, Graham County, and others against Dicus Bros. Judgment for plaintiffs, and defendants appeal. Affirmed.
Judgment of lower court will be affirmed, where jury trial was waived and evidence supports findings and facts found support judgment.
T. M. Jenkins, of Robbinsville, and Alley & Alley, of Waynesville, for appellants.
Morphew & Morphew and R. L. Phillips, all of Robbinsville, for appellees.
A jury trial was waived, and the trial judge found the facts and entered judgment thereon. There was evidence to support the findings of fact, and the facts found support the judgment. In such event the findings of fact and the judgment thereon are conclusive. Eley v. R. R., 165 N.C. 78, 80 S.E. 1064; Holmes Electric Co. v. Carolina Power & Light Co., 197 N.C. 766, 150 S.E. 621.
Affirmed.
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Morris v. Y. & B. Corporation
... ... Assessment against Property of Railway Co., 196 N.C. 756, 147 ... S.E. 301; Colvard v. Dicus, 198 N.C. 270, 151 S.E ... 191. From the findings of fact in the court below we think ... ...
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Madison County v. Coxe
...them, this is conclusive in this court. Holmes Electric Co. v. Carolina Power & Light Co., 197 N.C. 766, 150 S.E. 621; Colvard v. Dicus, 198 N.C. 270, 151 S.E. 191; Morris v. Y B Corporation, 198 N.C. at page 708, 153 S.E. 327; Chandler v. Conabeer, 198 N.C. at page 758, 153 S.E. 313; Roebu......
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City of Hickory v. Catawba County
...Trust Co. v. Keesler (N. C.) 173 S.E. 53. The result is that we are concluded by the facts as found by the court. Colvard v. Dicus, 198 N.C. 270, 151 S.E. 191; the Matter of Assessment Against Property of Southern Ry. Co., 196 N.C. 756, 147 S.E. 301; Abbitt v. Gregory, 195 N.C. 203, 141 S.E......