Collins v. Young Bros.
Supreme Court of North Carolina
Civil aotioN, heard before Timberlahe, J., at Fall Term,, 1895, of HarNEtt Superior Court. There was judgment for the defendant and plaintiff appealed.
1Opinion of the Court
Faircloth, C. J.:
At the trial, but before the ease was heard, the plaintiff demanded a jury trial, which was refused. In the case sent to this Court by his Honor it appears that when the order of reference was made, the plaintiff interposed no objection, and also that the order was made at the plaintiff’s request. This was a waiver •of the right to a jury trial which could not be recalled except by consent. Driller Co. v. Worth, 117 N. C., 515, where the authorities are collected.
The findings of fact by the referee, when there is any evidence, are.not reviewable in this Court. The exceptions…
2Cases cited1 opinion
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
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