Lusk v. . Clayton
Supreme Court of North Carolina
Civil action, tried at the July (Special) Term, 1873, of the Superior Court of BüNCombe county, before his Honor, Albert-son, J., a jury trial having been waived. The plaintiff, assignee in bankruptcy of B. I. & I. B. Alexander, surviving partners of Patton & Alexander, brings this action against the defendant, Ephraim Clayton, to recover the sum of $579.01, the amount of a store account, made with said Patton & Alexander.
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Civil action, tried at the July (Special) Term, 1873, of the Superior Court of BüNCombe county, before his Honor, Albert-son, J., a jury trial having been waived. The plaintiff, assignee in bankruptcy of B. I. & I. B. Alexander, surviving partners of Patton & Alexander, brings this action against the defendant, Ephraim Clayton, to recover the sum of $579.01, the amount of a store account, made with said Patton & Alexander. At Spring Term, 1873, of Buncombe Superior Court, “ It was ordered by the Court, with the consent of the parties, that all the matters of difference in this case, be…
1Opinion of the CourtRodman, J.
All or any of the issues m an action may be referred by consent of the parties, C. C. P. sec- 244. The referees must state the facts found,- and the conclusions of law separately. Their report as to the facts has the effect of the verdict of a jury, sec. 248. ¥e do not think that it was intended by these sections to deprive parties of the right to refer all or any matters in controversy to arbitrators, with power to make an award, which should be a rule of Court. The parties can undoubtedly make such a reference, and the only question possible would be, whether the Judge would recognize the…
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