{
  "id": 11270212,
  "name": "W. E. BAGGETT v. ELI R. WILSON",
  "name_abbreviation": "Baggett v. Wilson",
  "decision_date": "1910-03-23",
  "docket_number": "",
  "first_page": "182",
  "last_page": "182",
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    {
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      "cite": "152 N.C. 182"
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  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
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    "name_long": "North Carolina",
    "name": "N.C."
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    {
      "cite": "108 N. C., 249",
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  "last_updated": "2023-07-14T16:29:47.463636+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "W. E. BAGGETT v. ELI R. WILSON."
    ],
    "opinions": [
      {
        "text": "MANNING, J.\nThe only point presented by this appeal, conceded by the attorneys- for both plaintiff and defendant, is whether a judge of the Superior Court can review the findings of fact and law by a referee appointed by consent in an action pending in that court, where the order of reference directs the referee \u201cto hear' and determine all issues and questions of law and fact arising upon the pleadings.\u201d The precise question has been decided by this Court, and it has been repeatedly ruled that the judge has such power. Smith v. Hides, 108 N. C., 249, in which several cases- are cited; Blalock v. Mfg. Co., 110 N. C., 99; Dunavant v. R. R., 122 N. C., 999; Cummings v. Swepson, 124 N. C., 579; Henderson v. McLain, 146 N. C., 329; sec. 525, Pell\u2019s Rev. and cases cited under heading, \u201cFindings of Fact.\u201d It is not contended by the plaintiff that there was no evidence to support his Honor\u2019s finding of fact reversing the finding of fact of the referee, but that it was contrary to the weight othe evidence. In Henderson v. McLain, 146 N. C., 329, this Court said: \u201cThe rulings of the judge below upon the exceptions to findings of fact are conclusive, there being evidence upon such findings. Dunnavant v. R. R., 122 N. C., 999, and cases there cited.\u201d We conclude there was no error in the judgment apjiealed from, and the same is\nAffirmed.",
        "type": "majority",
        "author": "MANNING, J."
      }
    ],
    "attorneys": [
      "George E. Butler for plaintiff.",
      "H. A. Grady for defendant."
    ],
    "corrections": "",
    "head_matter": "W. E. BAGGETT v. ELI R. WILSON.\n(Filed 23 March, 1910.)\nReference \u2014 Consent\u2014Findings by the Court \u2014 Conclusive.\nIn passing upon the report of a. referee under an order made by consent, directing him to hear and determine all issues and questions of law and fact arising upon the pleadings, the judge may review the'findings of fact and law. 1-Iis rulings upon the facts, when supported by evidence, are conclusive.\nAppeal from Gui\u00f3n, J., at January (Special) Term of Samp-SON.\nThis was a civil action heard upon exceptions to the report of the referee theretofore appointed in the action, by consent. His Honor, upon the exceptions filed, reversed one of the findings of the referee, approved others, and rendered .judgment that the plaintiff, W. E. Baggett, the only party plaintiff in interest, take nothing by his action and pay the costs of the .-action. The plaintiff excepted and appealed.\nGeorge E. Butler for plaintiff.\nH. A. Grady for defendant."
  },
  "file_name": "0182-01",
  "first_page_order": 228,
  "last_page_order": 228
}