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MEARES v. POWELL

No. 705.

145 S.E.2d 1 (1965)

265 N.C. 729

Carl MEARES, John Douglas Elliott, Louise Hammonds and H. G. McNeill, Plaintiffs, v. A. H. POWELL, B. A. Powell, and Albert Henry Powell, t/d/a Powells Warehouse, Defendants.

Supreme Court of North Carolina.

December 1, 1965.

Attorney(s) appearing for the Case

Williamson & Walton, Whiteville, and David M. & W. Earl Britt, Fairmont, for plaintiff appellees.

Powell, Lee & Lee, Whiteville, for defendant appellants.

PER CURIAM.

While this Court, when considering an appeal from an order granting an interlocutory injunction, is not bound by the lower court's findings of fact, but has the power to weigh the evidence and review such findings, "(t)he Supreme Court nevertheless indulges the presumption that the findings of the hearing judge are correct, and requires the appellant to assign and show error in them." (Our italics.) Huskins v. Hospital, 238 N.C. 357...

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