Yelverton v. . Coley
Supreme Court of North Carolina
Civil action, tried before Shipp, J., at April Term, 1888, of the Superior Court of Wayne County. The action was brought for the possession of personal property, to January Term, 1888, of the Superior Court of Wayne.
Read the full summary
Civil action, tried before Shipp, J., at April Term, 1888, of the Superior Court of Wayne County. The action was brought for the possession of personal property, to January Term, 1888, of the Superior Court of Wayne. At March Term, following upon a suggestion of the plaintiff and admission of the defendant, that its trial would require the examination of a long account, the Judge presiding, against the opposition of the defendant, made a compulsory reference for the trial thereof, to a referee under The Code. At April Term, 1888, the referee having filed his report, the plaintiff moved for…
1Opinion of the Court
Davis, J.,
(after stating the case.) It was admitted that the examination of a long account would be required in the trial of the action, and it was within the power of the Court, under § 421, subsec. 1 of The Code, to order a compulsory reference, but this compulsory reference could not deprive either party of his constitutional right to have the issues of fact arising on the pleadings tried by a jury, unless waived ; and a construction has been put upon section 421 which makes it harmonize with the constitutional right of trial by jury, by declaring that, although a compulsory reference may…
2Cases cited4 opinions
- Overby v. Fayetteville Building & Loan Ass'nSupreme Court of North Carolina · 1879
- State Ex Rel. Carr v. AskewSupreme Court of North Carolina · 1886
- Atkinson v. . WhiteheadSupreme Court of North Carolina · 1877
- Currie v. . McNeillSupreme Court of North Carolina · 1880
3Cited by18 opinions
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
- Baker v. . EdwardsSupreme Court of North Carolina · 1918
- Booker v. Town of HighlandsSupreme Court of North Carolina · 1930
- Brown v. E. H. Clement Co.Supreme Court of North Carolina · 1940
- Gurganus v. McLawhornSupreme Court of North Carolina · 1937
13 more not listed; retrieve them via the Exa API.