Perry v. . Tupper
Supreme Court of North Carolina
MotioN to set aside an Order of Reference, beard at January Special Term, 1877, of ‘Wake Superior Court, before Schenck, J. In this action (see same case, 74 N. 0. 722,) the plaintiffs moved the Court to empannel a jury to try the issues of fact therein, which was resisted by the defendant upon the ground that the order and agreement of reference to Joseph B. ^Batchelor, Esq., precluded the right of plaintiffs to have a jury. The motion was allowed and the defendant appealed.
1Opinion of the CourtEaiucloth, J.
“In all issues of fact joined in any Court the parties may waive the right to have the same determined by a jury.” Const., Art. IV, § 13.
“All or any of the issues in the action, whether of fact, nr of law, or both, may be referred upon the written consent of the parties.” C. C. P. § 244.
If the parties to an action need any authority to submit the issues therein to a Referee, it is found in the above pro visions. The right to waive is as explicit as the right to claim a jury trial of such issues.
In the present case the parties agreed in writing to submit all the issues of law and fact to a…
2Cases cited1 opinion
- State ex rel. Armfield v. BrownSupreme Court of North Carolina · 1874
3Cited by8 opinions
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
- Alcorn v. DennisSupreme Court of Oklahoma · 1909
- Stevenson v. . FeltonSupreme Court of North Carolina · 1888
- McDaniel v. . ScurlockSupreme Court of North Carolina · 1894
- White v. . UtleySupreme Court of North Carolina · 1882
3 more not listed; retrieve them via the Exa API.