Holmes Electric Co. v. Carolina Power & Light Co.

1. Can a plaintiff institute a mandamus proceeding returnable before a. Superior Court judge, appear at tbe hearing, and after a full hearing and argument by counsel representing plaintiff and defendant, and after judgment has been tendered by the defendant, thereupon demand a jury trial upon issues of fact raised by the pleadings?

2. Was the judgment denying the mandamus correct?

The right of trial by a jury is guaranteed by the Constitution. Article IV, section 13, of the Constitution of North Carolina provides: “In all issues of fact, joined in any court, the parties may waive the right to…