State Ex Rel. Roebuck v. National Surety Co.

The judgment of the court below shows: “Both plaintiffs and defendants being represented by counsel and present, the parties having waived a jury trial and agreed for the court to find the facts and the court, after hearing the evidence and arguments, finds the following facts.”

In Colvard v. Dicus, 198 N. C., at p. 271, this Court said: “A jury trial was waived and the trial judge found the facts and entered judgment thereon. There was evidence to support the findings of fact, and the facts found support the judgment. In such event the findings of fact and the judgment thereon are conclusive.…