Maxwell v. . Maxwell

From the judgment rendered by his Honor, the defendants appealed.

All the facts necessary to an understanding of the decision of the Court will be found in the opinion of Justice SETTLE. This case was before us at June Term, 1872, and is reported in67 N.C. 383. The judgment of the Superior Court, holding the reference to Price and Lunn to be at an end, being then reversed, the case was remanded, with directions to proceed according to law. The Court did proceed to find the facts and to declare the law thereon; but the defendants insist that they have never waived a jury trial, and that his…