WM. MUIRHEAD CONSTRUCTION CO. v. HOUSING AUTHORITY

No. 68SC25.

160 S.E.2d 542 (1968)

1 N.C. App. 181

WM. MUIRHEAD CONSTRUCTION COMPANY, Inc. v. HOUSING AUTHORITY OF the CITY OF DURHAM, North Carolina, and National Surety Corporation.

Court of Appeals of North Carolina.

April 24, 1968.


Attorney(s) appearing for the Case

Edwards & Manson, by Daniel K. Edwards, Durham, for defendant appellant Housing Authority.

Kennon & Kennon and Robert D. Holleman, Durham, for plaintiff appellee.


BRITT, Judge.

Several of appellant's assignments of error relate to the admission of evidence by the trial judge, sitting as judge and jury.

In a trial before the judge, sitting without a jury, the ordinary rules as to the competency of evidence applied in a trial before a jury are to some extent relaxed, for the reason that the judge with knowledge of the law is able to eliminate from the testimony he hears that which is immaterial and incompetent and consider...

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