Daniels v. Nationwide Mutual Insurance Company
Supreme Court of North Carolina
1Opinion of the CourtMoore, J.
“Upon trial of an issue of fact by the court, its decision shall be given in writing, and shall contain a statement of the facts found, and the conclusions of law separately.” G.S. 1-185. Where jury trial is waived and the court acts 'both as judge and jury, it is irregular for the court to render a verdict on issues submitted to itself. But in the absence of objection and exception, a new trial will not be ordered for this cause if from the judgment it can be determined what the court found the ultimate facts to be and what the legal ■basis of the judgment is. Wynne v. Allen, 245 N.C. 421,…
2Cases cited10 opinions
- Faizan v. Grain Dealers Mutual Insurance CompanySupreme Court of North Carolina · 1961
- Dawson v. Concordia Fire InsuranceSupreme Court of North Carolina · 1926
- Crisp v. State Farm Mutual Automobile Insurance Co.Supreme Court of North Carolina · 1962
- Wynne v. AllenSupreme Court of North Carolina · 1957
- Clark v. Employers Mut. Casualty Co.Court of Appeals for the Eighth Circuit · 1937
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Harrelson Ex Rel. Randolph v. State Farm Mutual Automobile InsuranceSupreme Court of North Carolina · 1968
- Western States Land & Cattle Co. v. Lexington Insurance Co.South Dakota Supreme Court · 1990
- Baysdon v. Nationwide Mutual Fire Insurance Co.Supreme Court of North Carolina · 1963
- Hayes v. Hartford Accident and Indemnity CompanySupreme Court of North Carolina · 1968
- Sherrill v. BoyceSupreme Court of North Carolina · 1965
15 more not listed; retrieve them via the Exa API.