State ex rel. Barker v. Humphrey
This text of 218 N.C. 389 (State ex rel. Barker v. Humphrey) 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.
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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218 N.C. 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-barker-v-humphrey-nc-1940.