Davis v. Davis

PARKER, Judge.

The evidence before the District Court not being brought forward in the record on appeal, the court’s findings of fact properly made must be deemed supported by competent and sufficient evidence. Utilities Comm. v. Electric Membership Corp., 276 N.C. 108, 171 S.E. 2d 406. At the outset, however, we observe that findings of fact Nos. 14 and 15 are not properly findings of fact at all but are merely recitations by the court as to what certain evidence tended to show. Where, as in this case, it becomes incumbent on the trial court to make findings of fact, the court should make its…