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REID v. JOHNSTON

No. 95.

85 S.E.2d 114 (1954)

241 N.C. 201

C.C. REID, W. H. Pittman and Frank Taylor, Trustees of the North Rocky Mount Baptist Church, and A. J. Silberhorn, Deacon in the North Rocky Mount Baptist Church, v. Samuel H. W. JOHNSTON, Pastor of the Independent Missionary Baptist Church, former pastor of the North Rocky Mount Baptist Church of Rocky Mount, North Carolina, and G. W. Stoglin, P. D. English (now one of the Trustees of the Independent Missionary Baptist Church), N. J. Puckett, R. F. Taylor, Joe Talbott, J. L. Ramsey, M. L. Peterson, S. L. Dudley, W. N. Ezzelle, M. D. Parker, and H. R. Carmichael (Deacon and Church Treasurer), Deacons, Miss Margie Taylor, Church Clerk, and Mrs. M. L. Peterson, Secretary, all formerly of North Rocky Mount Baptist Church and now associated with the Independent Missionary Baptist Church, and Citizens Savings and Loan Association (formerly Citizens Building & Loan Association), Home Savings & Loan Association, and Peoples Bank & Trust Company, Rocky Mount, North Carolina; P. D. English, Howard Wallace and R. L. Trevathan, Trustees of the Independent Missionary Baptist Church.

Supreme Court of North Carolina.

December 15, 1954.

Attorney(s) appearing for the Case

Hughes & Hines, Greensboro, and Fountain, Fountain & Bridgers, Tarboro, for defendant-appellants.

Cooley & May and A. C. Bernard, Nashville, for plaintiff-appellees.

PARKER, Justice.

The parties having expressly waived a jury trial in accordance with G. S.N.C. § 1-184, the findings of fact of the trial judge are as effective as the verdict of a jury, and are conclusive on appeal, if there is competent evidence to support such findings. Woody v. Barnett, 239 N.C. 420, 79 S.E.2d 789; St. George v. Hanson, 239 N.C. 259, 78 S.E.2d 885

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