Bullard v. North Carolina National Bank

HEDRICK, Judge.

Plaintiff contends the court erred in granting defendants’ motion for a jury trial made some two years and ten months after the time for requesting a jury trial under G.S. 1A-1, Rule 38(b) had expired. The trial court has discretion to grant a jury trial under G.S. 1A-1, Rule 39(b) even though jury trial has been waived pursuant to G.S. 1A-1, Rule 38 (b). Shankle v. Shankle, 289 N.C. 473, 223 S.E. 2d 380 (1976). Plaintiff has shown no abuse of discretion by the trial judge in granting defendants’ motion for a jury trial.

Plaintiff next contends the court erred by allowing into…