Keystone Driller Co. v. Worth
Supreme Court of North Carolina
Civil aotioN, heard before Bryan, J., at January Term, 1896, of Mecklenburg Superior Court. The same ease was before this Court, at September Term, 1895, and is. reported in 117 N. C. Reports, page 520', and upon being-remanded to the court below the defendant Worth again moved for a trial by jury, upon issues tendered by him, and asked his Honor, as a matter of discretion, to grant a trial by jury upon the issues so tendei-ed.
Read the full summary
Civil aotioN, heard before Bryan, J., at January Term, 1896, of Mecklenburg Superior Court. The same ease was before this Court, at September Term, 1895, and is. reported in 117 N. C. Reports, page 520', and upon being-remanded to the court below the defendant Worth again moved for a trial by jury, upon issues tendered by him, and asked his Honor, as a matter of discretion, to grant a trial by jury upon the issues so tendei-ed. Iiis Honor refused the motion, holding, in conformity with the opinion of this Court, that defendant had waived his right of trial by jury, and set the case for…
1Opinion of the Court
Avery, J.:
When this case was heard on appeal at the-last Term, the Court held (117 N. C., 520, 521) that, though a party to an action in which a compulsory order of reference has been made may take the precaution to reserve in apt time his right of trial by jury at every previous stage of the proceeding, yet he -may still waive it by omitting, when he files his exceptions to the referee’s report, to set forth specifically “ the points upon which he elects to-demand a trial by jury.” The exception, if was declared,, must contain a definite and specific demand for the trial of an issue of fact…
2Cases cited1 opinion
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
3Cited by12 opinions
- State v. . MitchellSupreme Court of North Carolina · 1896
- Baker v. . EdwardsSupreme Court of North Carolina · 1918
- Booker v. Town of HighlandsSupreme Court of North Carolina · 1930
- Gurganus v. McLawhornSupreme Court of North Carolina · 1937
- State Ex Rel. Wilson v. FeatherstoneSupreme Court of North Carolina · 1897
7 more not listed; retrieve them via the Exa API.