Best v. . Garris

N. C. Code, 1935 (Michie), sec. 568, is as follows: “Trial by jury may be waived by the several parties to an issue of fact, in actions on contract, and with the assent of the court in other actions, in the manner following: (1) By failing to appear at the trial; (2) By written consent, in person or by attorney, filed with the clerk; (3) By oral consent, entered in the minutes.”

Sec. 569: “Upon trial of an issue of fact by tbe court, its decision shall be given in writing, and shall contain a statement of the fact found, and the conclusions of law separately. Upon trial of an issue of law, the…