Nationwide Mutual Insurance v. Allison

WHICHARD, Judge.

The parties stipulated that the case might be heard by the court without a jury. They thereby waived a jury trial and empowered the court to resolve any issues of fact which were raised, a procedure authorized by G.S. 1-262. The orders, judgments, and decrees of a court under the Declaratory Judgment Act “may be reviewed as other orders, judgments and decrees.” G.S. 1-258. The statute “provides for review under the same rules that apply in cases not brought pursuant to the act.” Dickey v. Herbin, 250 N.C. 321, 325, 108 S.E. 2d 632, 635 (1959). The rule thus applicable is that…