Memorial Hospital v. Rockingham County
Memorial Hospital v. Rockingham County.
Opinion of the Court
Stacy, C. J.
We deem it inadvisable to make final disposition of the question sought to be presented, because the record is barren of any factual determination. It was agreed that this should be done by the court, but in drawing the judgment, which was evidently prepared by counsel, the factual basis of the judgment was omitted. A finding of the facts is desirable in order that we may determine the question of law or legal inference which the parties wish decided.
Refining Co. v. McKernan, 178 N. C., 82 , 100 S. E., 121 ;
Trust Co. v. Transit Lines, 198 N. C., 675 , 153 S. E., 158 ;
S. c., 200 N. C., 415 , 157 S. E., 62 , and cases there cited. To this end, the judgment will be vacated and the cause remanded to the Superior Court of Rockingham County for further proceedings as to justice appertains and the rights of the parties may require.
Error and remanded.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.