Sullivan v. Johnson

The first question presented by this appeal is whether the lower court possessed the authority to make findings of fact, where the record does not show the hearing of evidence, the waiver of a trial by jury, or an agreement as to the facts. The case of Horton v. Horton, 211 N.C. 390, 190 S.E. 216, seems particularly in point. In that case, the court stated:

“The record does not disclose what admissions, if any, were made at the hearing in the court below, and there being no waiver of jury trial or agreement as to facts nor evidence offered, the court was without power to decide a ■…