Burton v. City of Reidsville

This proceeding became so entangled in a snarl of procedure in the court below that no course is left open to us except to vacate the judgment entered and remand the cause for hearing in accord with the applicable principles of law.

As the record now stands, we have a judgment dismissing the action and, at the same time, affirmatively adjudicating the rights of the parties “if the pleadings and evidence present a question of fact for the Court.” But the court did not decide whether the pleadings and evidence present an issue of fact for a jury or a question of fact for the court. Thus we have…