Public-domain · open source
OpenJurist

110 N.C. 343

14 S.E 920

Tilley v. . Bivens

Supreme Court of North Carolina

Decided February 5, 1892

Supreme Court of North Carolina · decided 1892-02-05

Civil ACTION, heard upon motion to confirm report of referee at January Term, 1891, of Durham Superior Court, Boykin, J., presiding.

Good law ✅— No negative treatment on recordhow we know

Decided 1892-02-05

How this case has been cited

Cited by 6 later decisions — most recently March 1992

6 state decisions

2018921900191019201930194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Merrimon, C. J.:

¶1 It appears that there were one hundred and seventy-five “ objections” to evidence before the referee, most of which seem to have been merely captious. There is no assignment of error, nor does the “ objection ” suggest the ground of it. Mere objection does hot serve the purpose of *344 an exception, and the latter, when made, must specify in terms or by intelligent implication what the ground of it is; otherwise, it must go for naught. This is required by the statute as well as the settled practice of'this Court. The Code, § 412, par. 2; Suit v. Suit, 78 N. C., 272; Cooper v. Middleton, 94 N. C., 86; Battle v. Mayo, 102 N. C., 413; Joyner v. Stancill, 108 N. C., 153.

¶2 There are divers exceptions to the report of the referee. Most of these relate to findings of fact. The Court approved and* adopted these findings as its own, and as there was evidence from which they might be made we cannot review them. This is settled by many decisions.

¶3 There were exceptions based upon the ground that the referee had failed to find certain facts. This was not ground of exception; it might have been ground of a motion to recommit the report, with instruction to find them if it appeared that they were material. Blalock v. Manufacturing Co., ante, 99.

¶4 The exceptions to conclusions of law present no questions of importance, and it can serve no useful purpose to refer to them in detail. It is sufficient to say that most of them are fully warranted by the findings of fact. Nothing appears to show that the plaintiff ought to be taxed with any part of the costs, or that costs were improperly allowed. The exceptions in these respects should state facts sufficiently to show the ground of objection; otherwise, the presumption is that the allowance was properly made and the judgment was correct.

¶5 Affirmed.

/110/nc/343 · .json · Public domain