City of Durham v. Southern Railway Co.

The refusal by the court of the motion to continue the hearing and transfer the case to the civil issue docket of the Superior Court for trial by jury was not erroneous, for no issues of fact are raised by the answer. The defendants rely upon C. S., 868, but the relief sought by the plaintiffs is not for the enforcement of a money demand, and that section authorizes the summons to be returnable before the judge at chambers not less than ten days after service of summons in the complaint, “at which time the court, except for good cause shown, should hear and determine the action both as to law…