Legal Opinion

Marlowe v. RELIANCE INSURANCE COMPANY

Court of Appeals of North Carolina

Decided August 2, 1972No. 7228DC392PublishedCited by 7 opinions

1Opinion of the Court

CAMPBELL, Judge.

To say the least, the procedure in this case was unusual. After the parties had stipulated that the judge try the case without a jury, they then proceeded with a jury trial. A judgment was entered wherein the trial judge found facts and made conclusions of law as though there had been no jury trial and then allowed a motion for a directed verdict and dismissed the three actions. Thus, a combination trial was conducted, which is novel.

Despite the novel procedure, we do not find any error in the result obtained.

The stipulated facts and the uncontradicted evidence show:

1. Jackie…

2Cases cited2 opinions

  1. Jamestown Mut. Ins. Co. v. Nationwide Mut. Ins. Co.Supreme Court of North Carolina · 1966
  2. Brevard v. State Farm Mutual Automobile InsuranceSupreme Court of North Carolina · 1964

3Cited by7 opinions

  1. Quiñones López v. Manzano PozasSupreme Court of Puerto Rico · 1996
  2. Nationwide Mutual Insurance v. AllisonCourt of Appeals of North Carolina · 1981
  3. Hawaiian Insurance & Guaranty Co. v. Federated American InsuranceCourt of Appeals of Washington · 1975
  4. Wilson v. State Farm Mutual Automobile InsuranceSupreme Court of North Carolina · 1990
  5. Monin v. Peerless InsuranceCourt of Appeals of North Carolina · 2003

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