# Jarvis v. Powers

> Court of Appeals of North Carolina · May 6, 1986 · 80 N.C. App. 355

URL: https://www.frixlaw.com/law-library/cases/8908218

## Case

- **Full name:** ARMISTEAD JARVIS v. COLON LEE POWERS and wife, MAVIS POWERS and JEFFREY DANIELS and Wife, SANDRA DANIELS
- **Court:** Court of Appeals of North Carolina
- **Decided:** May 6, 1986
- **Citations:** 80 N.C. App. 355; 343 S.E.2d 195; 1986 N.C. App. LEXIS 2204
- **Precedential status:** Published
- **Opinion:** Dissent by Hedrick
- **Judges:** Becton, Hedrick, Parker
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8908218

## How later opinions describe it (automated extraction)

- applying first part of statute

## Opinion text

Chief Judge Hedrick
dissenting.
In my opinion the majority misconstrues and misapplies the proviso in G.S. 136-67. Under the circumstances in this case it is my opinion that there is no necessity for the trial judge to find the negative. The trial court need not explicitly find the absence of “an essentially private purpose.” In my opinion the findings and conclusions are supported by the evidence, and I vote to affirm the judgment.
This case should be brought to a conclusion. The action commenced in 1983. The judgment appealed from was entered eighteen months ago and was heard in this Court more than six months ago. I vote to affirm.
*369 [[Image here]]
APPENDIX

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8908218. Public record. Not legal advice.