Franklin v. Crossnore School

It does not appear from the judgment entered at the October Term, 1937, Avery Superior Court, how the new trial is to be had, whether by reference, the judge, or the jury. There was no error in declining to sign the order tendered by defendants, for in the original order of reference the parties “merely waived the right to a jury trial” and did not agree upon the referee. Indeed it is stipulated in the order that in case of “an appeal by either party” from the report of the referee the judge shall “hear the facts in the same manner as the jury,” and shall “have the right to find the facts in…