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SULLIVAN v. JOHNSON

No. 688SC444.

165 S.E.2d 507 (1969)

3 N.C. App. 581

Shirley B. SULLIVAN (Hines) v. Martha JOHNSON.

Court of Appeals of North Carolina.

February 5, 1969.

Attorney(s) appearing for the Case

Turner & Harrison, by Fred W. Harrison, Kinston, for plaintiff appellant.

George B. Greene and James A. Hodges, Jr., Kinston, for defendant appellee.

FRANK M. PARKER, Judge.

The first question presented by this appeal is whether the lower court possessed the authority to make findings of fact, where the record does not show the hearing of evidence, the waiver of a trial by jury, or an agreement as to the facts. The case of Horton v. Horton, 211 N.C. 390, 190 S.E. 216, seems particularly in point. In that case, the court stated:

"The record does not disclose what admissions, if any, were made at the hearing...

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