Horton v. . Horton

Supreme Court of North Carolina

Horton v. . Horton

190 S.E. 216, 211 N.C. 390, 1937 N.C. LEXIS 99

CourtSupreme Court of North Carolina

DecidedMarch 17, 1937

StatusPublished

Cited by1 cases

This text of 190 S.E. 216 (Horton v. . Horton) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Horton v. . Horton, 190 S.E. 216, 211 N.C. 390, 1937 N.C. LEXIS 99 (N.C. 1937).

Pincite

Opinion

Per Curiam.

The record does not disclose what admissions, if any, were made at the hearing in the court below, and there being no waiver of jury trial or agreement as to facts nor evidence offered, the court was without power to decide a controverted issue of fact raised by the plead *391 ings. Doubtless tbe effort to end an unseemly controversy between members of tbe same family led tbe learned judge into error.

Tbe case must be remanded for tbe proper determination of tbe material issues.

Error and remanded.

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Per Curiam.

The record does not disclose what admissions, if any, were made at the hearing in the court below, and there being no waiver of jury trial or agreement as to facts nor evidence offered, the court was without power to decide a controverted issue of fact raised by the plead *391 ings. Doubtless tbe effort to end an unseemly controversy between members of tbe same family led tbe learned judge into error.

Tbe case must be remanded for tbe proper determination of tbe material issues.

Error and remanded.

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Bluebook (online)

190 S.E. 216, 211 N.C. 390, 1937 N.C. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horton-v-horton-nc-1937.

Opinion

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