Wm. Muirhead Construction Co. v. Housing Authority

Several of appellant’s assignments of error relate to the admission of evidence by the trial judge, sitting as judge and jury.

In a trial before the judge, sitting without a jury, the ordinary rules as to the competency of evidence applied in a trial before a jury are to some extent relaxed, for the reason that the judge with knowledge of the law is able to eliminate from the testimony he hears that which is immaterial and incompetent and consider that only which tends properly to prove the facts to be found. Stansbury, N. C. Evidence 2d, § 4a; Construction Co. v. Crain and Denbo, Inc., 256…