Legal Opinion

Keerl v. . Hayes

Supreme Court of North Carolina

Decided September 23, 1914PublishedCited by 8 opinions

Appeal by plaintiff from Cline, J., at April Term, 1914, of TRANSYLVANIA. This is a motion by the defendant for a jury trial. The court made an order decreeing that the defendants were entitled to a jury trial upon certain issues set out in the record. The plaintiff excepted and appealed.

1Opinion of the Court

BbowN, I.

The only question presented by this appeal is, Did the trial court err in ordering that the defendants be allowed a trial by jury of the issues raised by the defendants’ exceptions to the referee’s report and the pleadings?

This cause was referred to the Hon. Thomas B. "Womack by an order of Neal, J., which contains the following paragraph:

“It was further agreed by all the parties that the order might be signed by the judge out of the district and not in term-time, it being understood that they do not agree to the reference, and all the parties except to the order of reference,…

2Cases cited4 opinions

  1. Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
  2. Yelverton v. . ColeySupreme Court of North Carolina · 1888
  3. Ogden v. Appalachian Land & Lumber Co.Supreme Court of North Carolina · 1907
  4. State Ex Rel. Wilson v. FeatherstoneSupreme Court of North Carolina · 1897

3Cited by8 opinions

  1. Baker v. . EdwardsSupreme Court of North Carolina · 1918
  2. Booker v. Town of HighlandsSupreme Court of North Carolina · 1930
  3. Brown v. E. H. Clement Co.Supreme Court of North Carolina · 1940
  4. Alley v. . RogersSupreme Court of North Carolina · 1915
  5. Bartlett v. HopkinsSupreme Court of North Carolina · 1952

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