Childers v. Hayes

HEDRICK, Chief Judge.

Plaintiff by his first assignment of error contends that there is no competent evidence to support the court’s finding of fact that “[t]he defendant did engage in an off-shore investment partnership in the way that he represented to the plaintiff in June and July of 1980.” Plaintiff further contends that this finding of fact was necessary to support the trial court’s dismissal of his fraud action pursuant to G.S. 1A-1, Rule 41(b).

When a Rule 41(b) motion is made in a non-jury trial, the judge becomes both the judge and the jury and he must consider and weigh all competent…