Sherrill v. Boyce

When a jury trial is waived as provided in G.S. 1-184, the court’s findings of fact have the force and effect of a verdict, Insurance Co. v. Lambeth, 250 N.C. 1, 108 S.E. 2d 36, and an exception to the judgment presents only the question whether the facts found are sufficient to support the judgment. Turnage Co. v. Morton, 240 N.C. 94, 81 S.E. 2d 135. Unless the action is a small claim, G.S. 1-539.5, it is irregular for the court to render a verdict on issues submitted to itself, G.S. 1-185. The parties here, however, seem to have contemplated this procedure. In the absence of objection and…