Atkinson v. . Whitehead
Supreme Court of North Carolina
MOTION for the Removal of an Action, heard at Spring Term, 1877, of Pitt Superior Court, before Eure, J. Peyton Atkinson died in 1862, leaving a last will and testament appointing his wife, Virginia, his executrix who qualified as such. In 1866, she married the defendant who gave bond and qualified as administrator with the will annexed.
Read the full summary
MOTION for the Removal of an Action, heard at Spring Term, 1877, of Pitt Superior Court, before Eure, J. Peyton Atkinson died in 1862, leaving a last will and testament appointing his wife, Virginia, his executrix who qualified as such. In 1866, she married the defendant who gave bond and qualified as administrator with the will annexed. In 1869, he was removed from his oifi.ee and the plaintiffs, B, S. Atkinson and Henry Sheppard, were appointed in his place, and in 1871, instituted proceedings against the defendant to compel a final settlement of his administration. At Eall Term, 1874, of…
1Opinion of the Court
ByNüm, J.
The general constitutional right to a trial by jury is qualified by Art. IV, § 18 of the Constitution, which provides; “That in all issues of fact joined in any Court, the parties may waive the 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 of a jury.’» The C. C. P. § 245, seems to have gone a step beyond this limitation of the Constitution, and in a certain class of cases, to authorize a compulsory reference, or a reference upon the application of one party to the action, without or…
2Cases cited2 opinions
- State ex rel. Armfield v. BrownSupreme Court of North Carolina · 1874
- State Ex Rel. Klutts v. McKenzieSupreme Court of North Carolina · 1871
3Cited by12 opinions
- Nissen v. Genesee Gold Mining Co.Supreme Court of North Carolina · 1889
- Grant v. . HughesSupreme Court of North Carolina · 1887
- Overby v. Fayetteville Building & Loan Ass'nSupreme Court of North Carolina · 1879
- Yelverton v. . ColeySupreme Court of North Carolina · 1888
- Vaughan v. . LewellynSupreme Court of North Carolina · 1886
7 more not listed; retrieve them via the Exa API.