Jackson v. . McLean
Supreme Court of North Carolina
Civil ACTION, heard before Boykin, Judge, at January-Term, 1886, of RobesoN Superior Court. This action was brought at the Spring Term, 1883, of the Superior Court of the county of Robeson, to recover the possession of the personal property mentioned and described in the complaint, the plaintiff availing himself of the provisional remedy of claim and delivery, at the time the summons issued. At the appearance Term of the Court, the complaint and answer were filed.
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Civil ACTION, heard before Boykin, Judge, at January-Term, 1886, of RobesoN Superior Court. This action was brought at the Spring Term, 1883, of the Superior Court of the county of Robeson, to recover the possession of the personal property mentioned and described in the complaint, the plaintiff availing himself of the provisional remedy of claim and delivery, at the time the summons issued. At the appearance Term of the Court, the complaint and answer were filed. The case was afterwards continued from term to term, until at the Pall Term, 1885, an entry appeared on the record in these words:…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). It seems that the Court below treated the agreement of the parties to this action to arbitrate the matters in litigation, as being an order of reference, made by the Court by consent of the parties in writing, to try the issues of fact and law arising in the action,, as allowed by the statute, (The Code, §420). We think it very clear that agreement cannot be so treated. It was not made in Court, but out .of Court, not in pursuance or by authority of .any order of reference, nor is there any order or entry recognizing it as having been made’with the…
2Cases cited3 opinions
- D. M. Gudger v. . A. E. BairdSupreme Court of North Carolina · 1872
- Metcalf v. . GuthrieSupreme Court of North Carolina · 1886
- Moore v. . AustinSupreme Court of North Carolina · 1881
3Cited by2 opinions
- Long v. . FitzgeraldSupreme Court of North Carolina · 1887
- Peele v. North & South Carolina Railway Co.Supreme Court of North Carolina · 1912