Matthews v. Fry.
Supreme Court of North Carolina
ActioN by John G. Matthews against A. M. Ery and another, heard by Judge W. R. Allen and a jury, at the August Term, 1906, of the Superior Court of Swain. Erom the judgment rendered, the defendant appealed.
1Opinion of the CourtGlare, C. J.
“The parties waived a jury trial and agreed in writing that the Judge should find the facts and enter judgment thereon, as upon the facts so found he might decide the law to be.” The Judge found the facts and entered judgment thereon in favor of the defendant. Upon appeal, Matthews v. Fry, 141 N. C., 582, this Court was of opinion that upon the facts found judgment should have been entered in favor of the plaintiff, and entered its order “Reversed.” When the certificate of opinion was presented in the Court below the plaintiff moved for judgment in accordance therewith. The defendant resisted…
2Cases cited3 opinions
- Walnut v. WadeSupreme Court of the United States · 1881
- Matthews v. Fry.Supreme Court of North Carolina · 1906
- Summerlin v. . CowlesSupreme Court of North Carolina · 1890
3Cited by30 opinions
- Town of Burnsville v. BooneSupreme Court of North Carolina · 1950
- Aderholt v. . CondonSupreme Court of North Carolina · 1925
- Buchanan v. . ClarkSupreme Court of North Carolina · 1913
- Anderson v. AndersonSupreme Court of North Carolina · 1922
- Radio Station WMFR, Inc. v. Eitel-McCullough, Inc.Supreme Court of North Carolina · 1950
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