Baker v. . Edwards
Supreme Court of North Carolina
ActioN tried before Stacy, J., at January Term, 1918, of Waxe, on exceptions to tbe report of a referee. Tbe following is tbe statement of tbe case on appeal, as agreed upon and signed by tbe attorneys of tbe respective parties, omitting some formal and immaterial parts; This was a civil action in the Superior Court of Wake County.
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ActioN tried before Stacy, J., at January Term, 1918, of Waxe, on exceptions to tbe report of a referee. Tbe following is tbe statement of tbe case on appeal, as agreed upon and signed by tbe attorneys of tbe respective parties, omitting some formal and immaterial parts; This was a civil action in the Superior Court of Wake County. After the pleadings were filed and the trial entered into before Judge Charles M. Cooke and a jury, the court of its own motion made an order referring the case to Murray Allen, Esq., as appears in the record. To this order both plaintiff and defendant excepted and…
1Opinion of the Court
Walker, L,
after stating tbe ease, as above: There appears to be but one assignment of error in this appeal, which is, tbat tbe court refused tbe plaintiffs request for a trial by jury, under tbe circumstances detailed in tbe statement of tbe facts by us. We discover no error in this ruling.
Tbe procedure to be followed when a party has duly excepted to a compulsory reference and thereby reserved bis constitutional right to trial by jury has been so often considered and so thoroughly settled tbat we need do little more than refer to some of tbe precedents. Driller Co. v. Worth, 117 N. C., 515…
2Cases cited14 opinions
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
- Yelverton v. . ColeySupreme Court of North Carolina · 1888
- Ogden v. Appalachian Land & Lumber Co.Supreme Court of North Carolina · 1907
- Alley v. . RogersSupreme Court of North Carolina · 1915
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Smith v. Gulf Oil Corp.Supreme Court of North Carolina · 1954
- Godefroy v. ReillyWashington Supreme Court · 1928
- Booker v. Town of HighlandsSupreme Court of North Carolina · 1930
- Brown v. E. H. Clement Co.Supreme Court of North Carolina · 1940
- Gaither v. Albemarle Hospital, Inc.Supreme Court of North Carolina · 1952
19 more not listed; retrieve them via the Exa API.