State ex rel. Barker v. Humphrey

PeR Cueiam.

The proceedings in the court below on the motion filed is in substantial accord with the opinion of this Court rendered in Humphrey v. Churchill, Sheriff, 217 N. C., 530. Even if it be conceded that the trial judge had the power to find the facts on the motion filed he had the authority to call a jury to his aid and to submit the issue of fact to the jury for determination.

The judgment below is

Affirmed.