Legal Opinion

Hahn v. Brinson.

Supreme Court of North Carolina

Decided September 22, 1903PublishedCited by 13 opinions

AotioN by M. TIahn, administrator, against D. H. Brin-son and others, heaijd by J udge Garland 8. Ferguson, at April Term, 1903, of the Superior Court of Pamlico County. From a refusal to set aside a judgment the defendants appealed.

1Opinion of the CourtWaleer, J.

This is a motion to set aside a judgment. The plaintiff brought the action to recover the possession of a tract of land described in the pleadings. On the first day of December, 1901, the Judge who presided at the Fall Term, 1901, of Pamlico Superior Court rendered a judgment in the case out of term, which was afterwards filed in the Clerk’s office and in which is this recital: “A jury trial is waived and, by consent, the Court allowed to find the facts.” There was no written waiver of the right to a trial by jury, in person or by attorney, filed with the Clerk, and no oral waiver was entered…

2Cases cited4 opinions

  1. Sondley v. City of AshevilleSupreme Court of North Carolina · 1893
  2. Graham v. . EdwardsSupreme Court of North Carolina · 1894
  3. Scroggs v. . AlexanderSupreme Court of North Carolina · 1883
  4. Hemphill v. MorrisonSupreme Court of North Carolina · 1893

3Cited by13 opinions

  1. Ex Parte HudsonCourt of Criminal Appeals of Oklahoma · 1910
  2. Farmers' Nat. Bank of Tecumseh v. McCallSupreme Court of Oklahoma · 1910
  3. Sykes v. BelkSupreme Court of North Carolina · 1971
  4. Dalton v. StateCourt of Criminal Appeals of Oklahoma · 1911
  5. Farmers' Merchants' Ins. Co. v. CuffSupreme Court of Oklahoma · 1911

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