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DANIELS v. NATIONWIDE MUTUAL INSURANCE COMPANY

No. 601.

129 S.E.2d 314 (1963)

258 N.C. 660

C. A. DANIELS and Bankers and Shippers Insurance Company of New York, v. NATIONWIDE MUTUAL INSURANCE COMPANY.

Supreme Court of North Carolina.

February 1, 1963.

Attorney(s) appearing for the Case

James B. Lovelace and Edward R. Hardin, High Point, for plaintiffs.

Jordan, Wright, Henson & Nichols and G. Marlin Evans, Greensboro, for defendant.

MOORE, Justice.

"Upon trial of an issue of fact by the court, its decision shall be given in writing, and shall contain a statement of the facts found, and the conclusions of law separately." G.S. § 1-185. Where jury trial is waived and the court acts both as judge and jury, it is irregular for the court to render a verdict on issues submitted to itself. But in the absence of objection and exception, a new trial will not be ordered

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