PHILLIPS v. ALSTON

No. 597.

125 S.E.2d 580 (1962)

257 N.C. 255

Landrum A. PHILLIPS and American Security Insurance Company v. James R. ALSTON.

Supreme Court of North Carolina.

May 23, 1962.


Attorney(s) appearing for the Case

Tally, Tally, Taylor & Strickland by Nelson W. Taylor, III, and Jesse M. Henley, Jr., Fayetteville, for defendant appellant.

No counsel contra.


RODMAN, Justice.

Defendant does not except to the facts found by the court. He merely excepts to the conclusions declared to result from the facts found. Illustrative: The court found defendant was operating his automobile "at a greater rate of speed than was prudent under the circumstances and conditions then existing." No exception was taken to this finding. Based on the finding the court concluded defendant had violated the provisions of G.S. § 20-141 (a)...

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