Cannon v. Blair

When an action is tried by the court without a jury pursuant to the provisions of G.S. 1-184, the findings of fact of the trial judge are conclusive, and are not subject to review on appeal, in the absence of exceptions that they are not supported by evidence. Best v. Garris, 211 N.C. 305, 190 S.E. 221; Buchanan v. Clark, 164 N.C. 56, 80 S.E. 424. Although it is questionable whether such position can be sustained on the record in the case at bar, it is assumed here that the plaintiffs reserved appropriate exceptions to the findings of fact adverse to them on the ground that such findings were not supported by evidence at the trial. Eley v. Railroad, 165 N.C. 78, 80 S.E. 1064.