Hartley v. Ballou

BOBBITT, Chief Justice.

G.S. 1A-1, Rule 52(a) (1), provides: “In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment.” The rule does not require or contemplate that the court submit to itself issues of fact in the manner in which issues of fact are submitted to a jury.

Prior to the adoption of the Rules of Civil Procedure, G.S. 1-185 in part provided: “Upon trial of an issue of fact by the court, its decision shall be given in…