Williams v. Bray

Appellant assigns as error the failure of the trial judge to make findings of fact relating to his motion to dismiss.

In the case of Construction Co. v. Electrical Workers Union, 246 N.C. 481, 98 S.E. 2d 852, the defendant made motion to dismiss the action on the ground of invalid service. The trial judge heard evidence on the motion, found no facts, and denied and overruled the motion. Defendant did not request findings of fact upon its motion to dismiss. Overruling defendant’s assignment of error in respect to the motion to dismiss, this Court stated:

“. . . There is no statute which required…