State Ex Rel . Armfield v. . Brown and Others
Supreme Court of North Carolina
Civil actioN, tried before Wilson, J., at Fall Term, 1874, RcmAN Superior Court. This case was before this Court at January Term, 1874, and is fully reported in 70 N. C. Rep., 27. The defendants alter notice and upon affidavits filed in the cause, moved the Court to amend the record, nunc pro twie, so as to show that the order of reference heretofore made was not by consent, but compulsory, which motion was refused by the Court.
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Civil actioN, tried before Wilson, J., at Fall Term, 1874, RcmAN Superior Court. This case was before this Court at January Term, 1874, and is fully reported in 70 N. C. Rep., 27. The defendants alter notice and upon affidavits filed in the cause, moved the Court to amend the record, nunc pro twie, so as to show that the order of reference heretofore made was not by consent, but compulsory, which motion was refused by the Court. To the ruling of his Honor, the defendants excepted. The defendants then moved the Court for a jury to try the issues of fact arising on the referee’s report, which…
1Opinion of the CourtSettle, J.
1. When this case was before us on a point of practice involving the right of a party to have issues tried by a jury, after a reference by consent, we held “ that the refer- ¡ ence in this case was by consent duly given, and that parties, i after selecting their forum and meeting with an adverse de- : cisión, will not be allowed as a matter of right to turn round and successfully assert a right which they had renounced.”" Armfield v. Brown, 70 N. C. Rep., 27. In the face of this decision the defendant moved the Court for a jury to try the issues of fact arising on the referee’s report, and…
2Cases cited2 opinions
- State ex rel. Armfield v. BrownSupreme Court of North Carolina · 1874
- State Ex Rel . Lippard v. . RosemanSupreme Court of North Carolina · 1875
3Cited by3 opinions
- Kuykendall v. ProctorSupreme Court of North Carolina · 1967
- Perry v. . AdamsSupreme Court of North Carolina · 1880
- Anderson v. AndersonSupreme Court of Oklahoma · 1916