Pearson v. . Caldwell
Supreme Court of North Carolina
Civil actioN, tried at the August (Special) Term, 1873, of the Superior Court of RowAN county, by his Honor, Judge Albertson. The suit was originally commenced by bill, in 1866, in the former Court of Equity for Rowan county, and thence regularly transferred. Upon the hearing, his Honor being of opinion with the defendant, dismissed the action. From this judgment plaintiffs-appealed. The facts are stated in the opinion of Justice RodmaN.,
1Opinion of the CourtRodman, J.
Before considering this case on its merits, it will be proper to notice a point made by the counsel for the plaintiffs, who contended that there was error in the judgment because the Judge did not submit issues of fact to a jury, but decided them himself. The action was a bill in equity begun an 1866. In 1870, on motion of defendant, the Judge ordered that the issues of fact be submitted to a jury, but this does not appear to have been done. Under the old system it is clear, (that in an equity case the Judge was not bound to submit issues to a jury, and if he did he might disregard their…
2Cases cited1 opinion
- Gibbs v. . GibbsSupreme Court of North Carolina · 1868
3Cited by2 opinions
- Love v. . JohnstonSupreme Court of North Carolina · 1875
- Carolina Power & Light Company v. SmithSupreme Court of North Carolina · 1965