State Ex Rel. Wilson v. Featherstone
Supreme Court of North Carolina
Civil action, brought by the State, on relation of S. C. "Wilson, widow of John W. Wilson, on the administration bond of the defendant, Clara M. Featherstone, heard on exceptions to the report of a referee at December Term, 1896, of BüNoombe Superior Court.
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Civil action, brought by the State, on relation of S. C. "Wilson, widow of John W. Wilson, on the administration bond of the defendant, Clara M. Featherstone, heard on exceptions to the report of a referee at December Term, 1896, of BüNoombe Superior Court. On the minute docket of the court, where the error of reference was entered; the following entry was made below the order; “The defendant objectsand reserves his objection,” and upon the hearing before the referee he made an entry as follows: ‘ ‘Defendants here made objection again to the reference and do not waive a jury trial of the…
1Opinion of the Court
FaieCloth, C. J.:
In all controversies respecting property the parties áre entitled to a trial by jury. Const. Art. 1, Sec. 19. In all issues of fact joined in any court the parties may waive a jury trial and submit the findings of fact to the Judge. Const. Art. IV, Sec. 13. All such issues may be referred for trial by consent of parties, The Code, Sections 420 and 423, and the court may order a compulsory reference on its own motion, Section 421.
In the case before us a compulsory reference was ordered, and on the trial before the referee the defendants repeated their demand for a jury trial.…
2Cases cited4 opinions
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
- Green v. CastleburySupreme Court of North Carolina · 1874
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1896
- Bernheim v. . WaringSupreme Court of North Carolina · 1878
3Cited by14 opinions
- 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
- Ogden v. Appalachian Land & Lumber Co.Supreme Court of North Carolina · 1907
- Gurganus v. . McLawhornSupreme Court of North Carolina · 1937
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