Sparks v. Sparks

The Constitution of North Carolina guarantees to every litigant the “sacred and inviolable” right to demand a trial by jury of the issues of fact arising “in all controversies respecting property,” and he cannot be deprived of this right except by his own consent. N. C. Const., Art. I, See. 19. The Code of Civil Procedure provides that issues of fact must be tried by a jury, unless a trial by jury is waived or a reference ordered. G.S. 1-172.

The defendants did not waive their constitutional and statutory right to have the issues of fact joined on the pleadings in this case tried by a jury. N.…