W. R. S. Burbank v. . S. H. Wiley

66 N.C. 58

• Court: Supreme Court of North Carolina
• Decided: January 5, 1872
• Status: Published

Opinion

Reade, J.

.A decree ought to declare the facts, upon which, the law is adjudged. Under the C. C. P., when that is not done in new cases, we have to send the case back because we can try no issue of fact. It is otherwise in equity cases pending at tlie adoption of C. 0. P., as this case was. But even in old cases we usually direct issues to be sent down. The decree in this case declares no tacts, and the issues are such as we are unwilling to try. We have, then, either to send down issues or to remand the case that his Honor below may, in such way as may seem to him best, find the facts. To this end the judgment is reversed and the case remanded.