Keystone Driller Co. v. Worth
Supreme Court of North Carolina
This was a civil actioN which came on for trial before Robinson, Judge, at June Term, 1895, of MeoicleNbueg Superior Court, upon exceptions to the report of a referee. The case had come on for trial before Malver, Judge, and a jury, at Fall Term, 1893, when neither party having tendered issues the court undertook to make up the issues during the trial.
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This was a civil actioN which came on for trial before Robinson, Judge, at June Term, 1895, of MeoicleNbueg Superior Court, upon exceptions to the report of a referee. The case had come on for trial before Malver, Judge, and a jury, at Fall Term, 1893, when neither party having tendered issues the court undertook to make up the issues during the trial. A jury was empanneled and a part of the testimony taken, when the court, without taking up the issue, found from the pleadings and the evidence introduced that the examination of a long account was necessary and required for the trial of the…
1Opinion of the Court
Avery, J.:
The Constitution of North Carolina (Article 1, Section 19) guarantees to every person the right which is declared “sacred and inviolable,” to demand a trial by jury of the issues of fact arising “in all controversies at law respecting property,” and he cannot be deprived of this right except by his own consent. Andrews v. Pritchett, 66 N. C., 387; Armfield v. Brown, 70 N. C., 27.
It is provided also in the Constitution (Article IV, Section 13) that “in all issues of fact joined in any court the parties may waive the right to have the same determined by a jury.” It being left to the…
2Cases cited16 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Bost v. . BostSupreme Court of North Carolina · 1882
- Chowan & Southern Railroad v. ParkerSupreme Court of North Carolina · 1890
- Horton v. . GreenSupreme Court of North Carolina · 1889
- Grant v. . HughesSupreme Court of North Carolina · 1887
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3Cited by55 opinions
- Alcorn v. DennisSupreme Court of Oklahoma · 1909
- Belvin v. Raleigh Paper Co.Supreme Court of North Carolina · 1898
- Anderson v. . McRaeSupreme Court of North Carolina · 1937
- State v. . MitchellSupreme Court of North Carolina · 1896
- Sykes v. BelkSupreme Court of North Carolina · 1971
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