103 S.E. 921 | N.C. | 1920
This is a motion in the cause for an inspection and production of papers and documents, in possession of the defendant, which relate to the merits of the action, or the defense therein, under Rev., 1656 and 1657. The action was brought for a dissolution of a copartnership, and an accounting by defendant, who managed its business, and has had possession of its books and papers. The verified pleadings were, by consent, used as affidavits. The defendant is charged in the complaint with fraud committed in the conduct of the partnership affairs, and further with the intention of departing from the State and removing his property and effects therefrom for the purpose of defrauding and defeating his creditors, and particularly the plaintiff, which allegation is based upon statements made by the defendant.
It is further charged that he has secreted his property with the same fraudulent intent.
The judge granted plaintiff's motion. He did not find any facts, nor was he requested by defendant so to do. In the absence of such a special finding we must assume that the judge found such facts as were sufficient to support his ruling. This is well settled. Albertson v. Terry,
There is no error in the ruling of the court.
Affirmed.