Memorial Hospital v. Rockingham County

189 S.E. 494, 211 N.C. 205, 1937 N.C. LEXIS 42

• Court: Supreme Court of North Carolina
• Decided: January 27, 1937
• Status: Published

Opinion

Stacy, C. J.

We deem it inadvisable to make final disposition of the question sought to be presented, because the record is barren of any factual determination. It was agreed that this should be done by the court, but in drawing the judgment, which was evidently prepared by counsel, the factual basis of the judgment was omitted. A finding of the facts is desirable in order that we may determine the question of law or legal inference which the parties wish decided. Refining Co. v. McKernan, 178 N. C., 82, 100 S. E., 121; Trust Co. v. Transit Lines, 198 N. C., 675, 153 S. E., 158; S. c., 200 N. C., 415, 157 S. E., 62, and cases there cited. To this end, the judgment will be vacated and the cause remanded to the Superior Court of Rockingham County for further proceedings as to justice appertains and the rights of the parties may require.

Error and remanded.