Legal Opinion
Mayberry v. Home Insurance Company
Supreme Court of North Carolina
Decided June 18, 1965No. 277PublishedCited by 17 opinions
1Opinion of the CourtPaeker, J.
Plaintiff has a number of assignments of error to the admission of evidence over his objections and exceptions, and to the judge’s findings of fact. All these assignments of error are overruled.
When the parties waived a jury trial, Judge Riddle occupied a dual position: he was the judge required to lay down correctly the guiding principles of law, and he was also the tribunal compelled to find the facts. In such a trial the rules of evidence as to the admission and exclusion of evidence are not so strictly enforced as in a jury trial. If there was incompetent evidence admitted, it will be…
2Cases cited18 opinions
- Standard Acc. Ins. Co. Of Detroit, Mich. v. Winget Winget v. Standard Acc. Ins. Co. Of Detroit, MichCourt of Appeals for the Ninth Circuit · 1952
- United Services Automobile Association v. James B. RussomCourt of Appeals for the Fifth Circuit · 1957
- River Valley Cartage Co. v. Hawkeye-Security InsuranceIllinois Supreme Court · 1959
- Bizzell v. BizzellSupreme Court of North Carolina · 1958
- Alford v. Textile Insurance CompanySupreme Court of North Carolina · 1958
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. DavisSupreme Court of North Carolina · 1976
- McPhee v. American Motorists InsuranceWisconsin Supreme Court · 1973
- Weber v. BiddleCourt of Appeals of Washington · 1971
- Matich v. Modern Research Corp.Michigan Supreme Court · 1988
- Southern General Insurance v. RossCourt of Appeals of Georgia · 1997
12 more not listed; retrieve them via the Exa API.