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230 N.C. 723

55 S.E.2d 502

Henderson County v. Johnson

Supreme Court of North Carolina

Decided October 12, 1949

Supreme Court of North Carolina · decided 1949-10-12

Relies on Powell v. . Turpin · Vestal v. Moseley Vending MacHine Exchange, Inc. · Brown v. L. H. Bottoms Truck Lines, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1949-10-12

How this case has been cited

Cited by 13 later decisions — most recently April 1981

13 state decisions

7019491950196019701980decided

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.

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Stacy, C. J.

¶1 The question for decision is the sufficiency of the-record to support the judgment. There are no exceptions to any of the findings of fact. Hence, only the face of the record is presented for inspection and review. In re Collins, 226 N.C. 412, 38 S.E. 2d 160; Wilson v. Robinson, 224 N.C. 851, 32 S.E. 2d 601; Vestal v. Vending Machine Co., 219 N.C. 468, 14 S.E. 2d 427; Brown v. Truck Lines, 227 N.C. 65, 40 S.E. 2d 476; Harney v. Comrs. of McFarlan, 229 N.C. 71, 47 S.E. 2d 535; Rhodes v. Asheville, 229 N.C. 355, 49 S.E. 2d 638; Parker v. University, ante, 656.

¶2 In addition to the facts found by the Judge, which are fortified by recitals in the judgment and the commissioner’s deed, Powell v. Turpin, 224 N.C. 67, 29 S.E. 2d 26; Everett v. Newton, 118 N.C. 919, 23 S.E. 961, G.S. 98-16, the regularity of the proceeding is further supported by the principle omnia rite acta praesumuniur. Williamson v. Spivey, 224 N.C. 311, 30 S.E. 2d 46; Downing v. White, 211 N.C. 40, 188 S.E. 815; Starnes v. Thompson, 173 N.C. 466, 92 S.E. 259; S. v. Mann, 219 N.C. 212, 13 S.E. 2d 247. “A prima facie presumption of rightful jurisdiction arises from the fact that a court of general jurisdiction has acted in the matter.” Williamson v. Spivey, supra; Graham v. Floyd, 214 N.C. 77, 197 S.E. 873; S. v. Adams, 213 N.C. 243, 195 S.E. 822.

¶3*725 On the record as presented, no exceptive assignment of error is revealed which would seem to call for a disturbance of the judgment.

¶4 Affirmed.

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