Hahn v. Brinson.
Supreme Court of North Carolina
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
- Sondley v. City of AshevilleSupreme Court of North Carolina · 1893
- Graham v. . EdwardsSupreme Court of North Carolina · 1894
- Scroggs v. . AlexanderSupreme Court of North Carolina · 1883
- Hemphill v. MorrisonSupreme Court of North Carolina · 1893
3Cited by13 opinions
- Ex Parte HudsonCourt of Criminal Appeals of Oklahoma · 1910
- Farmers' Nat. Bank of Tecumseh v. McCallSupreme Court of Oklahoma · 1910
- Sykes v. BelkSupreme Court of North Carolina · 1971
- Dalton v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Farmers' Merchants' Ins. Co. v. CuffSupreme Court of Oklahoma · 1911
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