172 S.E. 217 | N.C. | 1934
Civil action to restrain threatened foreclosure under third deed of trust, and for an accounting.
At the February Term, 1932, New Hanover Superior Court, there was a consent reference in this cause. At the June Term, 1932, judgment confirming the report of the referee was entered, from which the plaintiffs appealed. The cause was remanded for an additional finding of fact.
At the February Term, 1933, over objection of plaintiffs, the matter was remanded to the referee for the additional fact to be found, in accordance with the opinion of the Supreme Court. The plaintiffs again appealed.
Pending this second appeal, the referee, on 2 March, 1933, filed his supplemental report ostensibly upon the evidence already taken and without any additional hearing or notice to the parties. This was irregular.Griffin v. Bank, ante, 253; Bohannon v. Trust Co.,
Recognizing the inappropriateness of this procedure, the referee, following the judgment of affirmance on appeal, opinion filed 5 April, 1933,
The supplemental report is supported by ample evidence, and the same has been approved by the judge of the Superior Court. This would seem to end the matter. Kenney v. Hotel Co.,
It is settled by all the decisions on the subject, with none to the contrary, that the findings of fact, made by a referee and approved by the trial judge, are not subject to review on appeal, if supported by any competent evidence, unless some error of law has been committed in the hearing of the cause. Corbett v. R. R., ante, 85; Wallace v. Benner,
But it is the position of the plaintiffs that the referee was without authority to proceed in the cause in the absence of an order remanding the case to him following the judgment of affirmance rendered 5 April, 1933. Conceding, without deciding, that the plaintiffs' position in this respect may be well taken, we fail to see wherein the plaintiffs have been prejudiced by the course pursued in the court below. The matter had already been remanded to the referee, and this was affirmed on appeal.
Affirmed. *599