State ex rel. Barker v. Humphrey
218 N.C. 389
Opinion
The proceedings in the court below on the motion filed is in substantial accord with the opinion of this Court rendered in Humphrey v. Churchill, Sheriff, 217 N. C., 530. Even if it be conceded that the trial judge had the power to find the facts on the motion filed he had the authority to call a jury to his aid and to submit the issue of fact to the jury for determination.
The judgment below is
Affirmed.
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State ex rel. Barker v. Humphrey, 218 N.C. 389 (N.C. 1940).
218 N.C. 389 (State ex rel. Barker v. Humphrey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Humphrey v. . Churchill, Sheriff
8 S.E.2d 810 (Supreme Court of North Carolina, 1940)