Sampson County NcArchives Court.....A. W. Aman Et Al, J. H. Hill Et Al V. 1921
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Connie Ardrey n/a December 10, 2009, 6:30 pm

Source: North Carolina Reports Spring Term
Written: 1921

J. H. Hill Et Al v. A. W. Aman Et Al

(Filed 16 March, 1921)

Appeal and Error-Objections and Exceptions-Briefs

Appellant's exceptions of record, not brought forward in his brief, are deemed 
abandoned in the Supreme Court. Rule 34.

Appeal by defendant Aman from Connor, J., at Spring Term, 1920, of Sampson.

Civil action, tried upon exceptions to report of referee. Upon the hearing his 
Honor modified the findings of the referee in some particulars, and as thus 
amended the same was adopted and approved and judgment entered thereon in 
favor of the plaintiff. Defendant A. W. Aman excepted and appealed.

Grady & Graham and H.E. Faison for plaintiff J. H. Hill
Butler & Herring and John D. Kerr, Sr., for defendant Aman

Per Curiam. There are only three assignments of error in the record: (1) That 
the court erred in not setting aside the findings of fact by the referee; (2) 
that the court erred in not sustaining the defendant’s first exception to the 
referee's finding of fact; and, (3) that the court erred in not sustaining the 
defendant's first exception to the referee's conclusion of law. While these 
assignments of error appear in the record, they do not seem to have been 
brought forward in defendant's brief; and, therefore, are deemed to be 
abandoned under Rule 34. Notwithstanding this irregularity, we have examined 
the record and find no error of which the defendant can justly complain.

The controversy was largely one of fact. It appears upon the face of the 
record that the case was heard with care and with due regard for the rights of 
the parties.

No error


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