Nissen v. Genesee Gold Mining Co.
Supreme Court of North Carolina
Reference — Jury Trial — Contract—Parol Evidence — Material Ruling on Law. Civil actioN, tried at March Term, 1889, of Davidson Superior Court, before Brown, J. The cause had been. referred to Hon. John H. Dillard. Defendant filed exceptions to his report, and moved to submit certain issues to a jury. It appearing that defendant had made no objection to reference, had acted on it, and prayed for it in his answer, the Court denied the motion. Defendant excepted.
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Reference — Jury Trial — Contract—Parol Evidence — Material Ruling on Law. Civil actioN, tried at March Term, 1889, of Davidson Superior Court, before Brown, J. The cause had been. referred to Hon. John H. Dillard. Defendant filed exceptions to his report, and moved to submit certain issues to a jury. It appearing that defendant had made no objection to reference, had acted on it, and prayed for it in his answer, the Court denied the motion. Defendant excepted. The Court overruled each exception, adopted the findings of fact and law of the referee, and confirmed the report, and rendered the…
1Opinion of the Court
Clark, J.:
The Constitution, Art. 4, §13, provides: “In all issues of fact, joined in any Court, the parties may waive *310the right to have the same determined by a jury, in which case the finding of the Judge upon the facts shall have the force and effect of a verdict, by a jury.”
The defendant in his answer prayed for a reference, and when it was ordered, made no objection or exception. This was clearly a waiver of his right to a trial of the issues by a jury. Armfield v. Brown, 70 N. C., 27; White v. Utley, 86 N. C., 415; Grant v. Hughes, 96 N. C., 177.
“The motion (for a reference) was not…
2Cases cited9 opinions
- Cumming v. . BarberSupreme Court of North Carolina · 1888
- Terry v. Danville, Mocksville & Southwestern RailroadSupreme Court of North Carolina · 1884
- Grant v. . HughesSupreme Court of North Carolina · 1887
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- Vaughan v. . LewellynSupreme Court of North Carolina · 1886
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