Owens v. Voncannon

*354Bobbitt, J.

There is no controversy as to what Sam W. Miller did as appellant’s purported “attorney of record.” Appellant’s motion presented for determination these questions of fact: 1. Did she, directly or through Lonnie Voncannon, authorize Sam W. Miller to file answer in her behalf? 2. If so, did she, directly or through Lonnie Voncannon, authorize Mr. Miller to consent to .the judgment of November 25, 1957? As to burden of proof, see Gardiner v. May, 172 N.C. 192, 89 S.E. 955. In our view, the determinative questions of fact are not sufficiently answered by the court’s findings.

If…