Robinson v. . Johnson
Supreme Court of North Carolina
Civil actioN, heard by Devin, J., upon the report of referee, at October Term, 1916, of Sampsoh. The action was brought to redeem two mortgages made by the plaintiffs, John B. Robinson and Fletcher B. Robinson, to the defendant, W. J. Johnson, the first mortgage dated 20 April, 1907, securing a debt of $1,227.95, due by four several notes, of equal amounts, and the second for $1,491.39, both mortgages describing 215 acres of land, and the second mortgage an additional tract…
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Civil actioN, heard by Devin, J., upon the report of referee, at October Term, 1916, of Sampsoh. The action was brought to redeem two mortgages made by the plaintiffs, John B. Robinson and Fletcher B. Robinson, to the defendant, W. J. Johnson, the first mortgage dated 20 April, 1907, securing a debt of $1,227.95, due by four several notes, of equal amounts, and the second for $1,491.39, both mortgages describing 215 acres of land, and the second mortgage an additional tract of 200 acres. Defendant sold the 215 acres, the sawmill and fixtures, under the second mortgage, and bought them for…
1Opinion of the Court
Walker, J.,
after stating the case: Plaintiffs bave clearly waived their constitutional right to the trial of the issues in the case by a jury, as they failed to except to the referee’s report, and did not tender any issues at all, not even on the defendant’s exceptions. This was really tantamount to an agreement on their part tbat the judge should pass upon the defendant’s exceptions without a jury. Numerous cases support the view tbat there was a clear waiver of trial by jury. It was held in Driller Co. v. Worth, 117 N. C., 515:
“1. A party cannot be deprived of tbe right to a trial by jury,…
2Cases cited12 opinions
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
- Ogden v. Appalachian Land & Lumber Co.Supreme Court of North Carolina · 1907
- Alley v. . RogersSupreme Court of North Carolina · 1915
- Harris v. . SmithSupreme Court of North Carolina · 1907
- Williamson v. . BittingSupreme Court of North Carolina · 1912
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Anderson v. . McRaeSupreme Court of North Carolina · 1937
- Baker v. . EdwardsSupreme Court of North Carolina · 1918
- Booker v. Town of HighlandsSupreme Court of North Carolina · 1930
- Brown v. E. H. Clement Co.Supreme Court of North Carolina · 1940
- Gurganus v. McLawhornSupreme Court of North Carolina · 1937
7 more not listed; retrieve them via the Exa API.