Court of Appeals of North Carolina February 5, 1969, 688SC444 (Sullivan v. Johnson)

PARKER, J.

The first question presented by this appeal is whether the lower court possessed the authority to make findings of fact, where the record does not show the hearing of evidence, the waiver of a trial by jury, or an agreement as to the facts. The case of

Horton v. Horton,

211 N.C. 390, 190 S.E. 216, seems particularly in point.