HARTLEY v. BALLOU

No. 91.

209 S.E.2d 776 (1974)

286 N.C. 51

Willkings L. HARTLEY v. George R. BALLOU and wife, Mildred H. Ballou.

Supreme Court of North Carolina.

November 26, 1974.


Attorney(s) appearing for the Case

Bennett & McConkey by Thomas S. Bennett and James W. Thompson, III, Morehead City, for defendants appellants.

Hamilton, Hamilton & Phillips by Luther Hamilton, Jr., Morehead City, for plaintiff appellee.


BOBBITT, Chief Justice.

G.S. § 1A-1, Rule 52(a)(1), provides: "In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment." The rule does not require or contemplate that the court submit to itself issues of fact in the manner in which issues of fact are submitted to a jury.

Prior to the adoption...

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