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N.C.App.1 COURT OF APPEALS 747
Jones v. Murdock
and that Parks knew nothing of the arrangements Murdock had
made with them.
Robert H. Irvin and Williams, Willeford, Boger and Grady
by Samuel F. Davis, Jr. for plaintiff-appellee.
Clarence E. Hovton, Jr. for defendant-appellant.
CARSON, Judge.
The only assignment of error presented on appeal is in the
failure of the trial court to make findings of fact and conclusions
of law to support judgment. The only finding or conclusion is
that the defendant Parks is indebted to the plaintiff in the
amount of $1,484.85 plus interest. Rule 52(a) (1) of the Rules
of Civil Procedure dictates the necessary ingredients for the
judgment when the matter is heard without an jury. It states:
(a) Findings-(1) In all actions tried upon the facts with-out
a jury or with an advisory jury, the court shall
find the facts specially and state separately its con-clusions
of law thereon and direct the entry of the ap-propriate
judgment.
The plaintiff, while conceding that the trial court did not
comply with provisions above stated, maintains that the error
was a mere technical one which would not warrant a new trial.
The deficiency, however, is more than a technical one. The
necessity for the finding of facts and entry thereof, and for the
conclusions of law to be drawn from the facts, is to allow review
by the appellate courts, Without such findings and conclusions,
we are unable to determine whether or not the judge correctly
found the facts or applied the law thereto. Morehead v. Harris,
255 N.C. 130, 120 S.E. 2d 425 (1961) ; Jamison v. Charlotte, 239
N.C. 423, 79 S.E. 2d 797 (1954) ; Watts v. Supt. of Building
Inspection, 1 N.C. App. 292, 161 S.E. 2d 210 (1968). Without
such findings we may only surmise what the trial court found.
Hence, a new trial must be awarded.
New trial.
Chief Judge BROCK and Judge MORRIS concur.
Object Description
| Title | North Carolina Court of Appeals Reports [v.020, November 28, 1973 - February 20, 1974] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 20, November 28, 1973 - February 20, 1974. Cited as 20 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 34.5 MB; 842 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_020.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 775 |
| Full Text | N.C.App.1 COURT OF APPEALS 747 Jones v. Murdock and that Parks knew nothing of the arrangements Murdock had made with them. Robert H. Irvin and Williams, Willeford, Boger and Grady by Samuel F. Davis, Jr. for plaintiff-appellee. Clarence E. Hovton, Jr. for defendant-appellant. CARSON, Judge. The only assignment of error presented on appeal is in the failure of the trial court to make findings of fact and conclusions of law to support judgment. The only finding or conclusion is that the defendant Parks is indebted to the plaintiff in the amount of $1,484.85 plus interest. Rule 52(a) (1) of the Rules of Civil Procedure dictates the necessary ingredients for the judgment when the matter is heard without an jury. It states: (a) Findings-(1) In all actions tried upon the facts with-out a jury or with an advisory jury, the court shall find the facts specially and state separately its con-clusions of law thereon and direct the entry of the ap-propriate judgment. The plaintiff, while conceding that the trial court did not comply with provisions above stated, maintains that the error was a mere technical one which would not warrant a new trial. The deficiency, however, is more than a technical one. The necessity for the finding of facts and entry thereof, and for the conclusions of law to be drawn from the facts, is to allow review by the appellate courts, Without such findings and conclusions, we are unable to determine whether or not the judge correctly found the facts or applied the law thereto. Morehead v. Harris, 255 N.C. 130, 120 S.E. 2d 425 (1961) ; Jamison v. Charlotte, 239 N.C. 423, 79 S.E. 2d 797 (1954) ; Watts v. Supt. of Building Inspection, 1 N.C. App. 292, 161 S.E. 2d 210 (1968). Without such findings we may only surmise what the trial court found. Hence, a new trial must be awarded. New trial. Chief Judge BROCK and Judge MORRIS concur. |
