Opinion

Parker v. Board of Alcoholic Control

  • 23 N.C. App. 330
  • 208 S.E.2d 727
  • 1974 N.C. App. LEXIS 2084
Court
Court of Appeals of North Carolina
Filed
Oct 16, 1974
Status
Published
Author
Britt
On the bench
Baley, Britt, Hedrick
Cited by
2 cases
Authority
More cited than 55.9%

The opinion

BRITT, Judge.

Petitioner’s sole exception is to the signing and entry of Judge McKinnon’s judgment.

An exception to the signing and the entry of the judgment presents the question of whether error of law appears on the face of the record proper, which includes whether the facts found or admitted support the judgment and whether the judgment is regular in form, but the exception does not present for review the findings of fact or the sufficiency of the evidence to support them. Hall v. Board of Elections, 280 N.C. 600 , 187 S.E. 2d 52 (1972) ; Sternberger v. Tannenbaum, 273 N.C. 658 , 161 S.E. 2d 116 (1968) ; and, Jackson v. Collins, 9 N.C. App. 548 , 176 S.E. 2d 878 (1970).

The findings of the Board of Alcoholic Control, after proper hearing, are conclusive if supported by competent, material and substantial evidence. C’est Bon, Inc. v. Board of Alcoholic Control, 279 N.C. 140 , 181 S.E. 2d 448 (1971) ; Keg, Inc. v. Board of Alcoholic Control, 277 N.C. 450 , 177 S.E. 2d 861 (1970) ; Freeman v. Board of Alcoholic Control, 264 N.C. 320 , 141 S.E. 2d 499 (1965) ; Bergos v. Board of Alcoholic Control, 15 N.C. App. 169 , 189 S.E. 2d 494 (1972).

We hold that the facts found or admitted fully support the respondent’s order and the judgment appealed from, and that the order and judgment are regular in form. No error of law appears.

Affirmed.

Judges Hedrick and Baley concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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