69 S.E. 65 | N.C. | 1910
This is an appeal from a judgment upon a writ of habeas corpus awarding the custody of a minor child. The first two exceptions rest upon the ground that "the evidence did not justify the findings of fact." This presents the question whether this Court will review the findings of fact by the judge.
The decisions of this Court are uniform that "The findings of (182) fact by the judge, when authorized by law or by consent of parties, are as conclusive as when found by a jury, if there is any evidence to support them." Matthews v. Fry,
As a rule, no appeal lies from a judgment in habeas corpus, S. v. *150 Miller,
Appeal lies from the Judgment applying the law to the facts found.Harris v. Harris,
Upon the facts found the judgment herein should be
Affirmed.
Cited: In re Jones, post, 317; Adicks v. Drewry,
(183)