Electric Motor & Repair Co. v. Morris & Associates., Inc.

The waiver of trial by jury invested Judge Hobgood with the dual capacity of judge and juror. Reid v. Johnston, 241 N.C. 201, 85 S.E. 2d 114. Consequently, it was in Judge Hobgood’s province to determine the credibility of the witnesses and the weight to be attached to their testimony, and the inferences legitimately to be drawn therefrom, in exactly the same sense that a jury would do in the trial of a case. It was Judge Hobgood’s right and duty to consider and weigh all the competent evidence before him, giving to it such probative value as in his sound discretion and opinion it was…