Bernheim v. . Waring
Supreme Court of North Carolina
Civil Aotion commenced in Cabarrus and-removed to ¿nd tried at Januáry Special- Term, 1878', of RowAN Superior Court, before Kerr, J. "At Eall Term, 1876, the plaintiff moved for a reference lo the clerk to state an account of partnership dealings between him and defendant, Waring, to ascertain the amount due plaintiff as alleged in his complaint; The defendant, "Maxwell, was surety upon a bond of his co-defendant conditioned for the faithful performance of the partnership…
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Civil Aotion commenced in Cabarrus and-removed to ¿nd tried at Januáry Special- Term, 1878', of RowAN Superior Court, before Kerr, J. "At Eall Term, 1876, the plaintiff moved for a reference lo the clerk to state an account of partnership dealings between him and defendant, Waring, to ascertain the amount due plaintiff as alleged in his complaint; The defendant, "Maxwell, was surety upon a bond of his co-defendant conditioned for the faithful performance of the partnership contract. The said motion was opposed by Maxwell, and thereupon an order was made as follows; “ Referred to J. M. ITorah,…
1Opinion of the CourtEaircloth, J.
The constitution guarantees, the right of -trial by jury to every one, and no one can be deprived of it -except by his or her "consent. When this consent is once .given and some other mode of trial is adopted in the due •course of proceeding, the right is gone and the suitor can no more return to it; but until it is given or waived or lost by negligence it remains unimpaired by any order of Court -or by any action of other parties.
In the present case defendant Maxwell opposed the mo tion for A reference to state the partnership account between Waring and the plaintiff. The reference, however,…
2Cited by5 opinions
- McCanless v. . FlinchumSupreme Court of North Carolina · 1887
- State Ex Rel. Wilson v. FeatherstoneSupreme Court of North Carolina · 1897
- Edwards v. . ThompsonSupreme Court of North Carolina · 1874
- McCanless v. . FlinchumSupreme Court of North Carolina · 1887
- State ex rel. Turner v. Fassig, Court of Common Pleas of Ohio, Franklin County, Civil Division1915