Green v. Castlebury
Supreme Court of North Carolina
Civil action, (for the dissolution of a copartnership, and account, and appointment of a receiver,) tried before his Honor, Judge Tourgee, at the Fall Term, 1873, of Orange Superior Court The following is the cace as settled and sent up to this Court by his Houosr: “In this action, Calvin E. Parrish having been heretofore appointed referee and receiver, and his reports, both as referee and receiver, having been separately filed in accordance with an order and rule of this…
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Civil action, (for the dissolution of a copartnership, and account, and appointment of a receiver,) tried before his Honor, Judge Tourgee, at the Fall Term, 1873, of Orange Superior Court The following is the cace as settled and sent up to this Court by his Houosr: “In this action, Calvin E. Parrish having been heretofore appointed referee and receiver, and his reports, both as referee and receiver, having been separately filed in accordance with an order and rule of this Court at least ten days before the present term; at this term the plaintiff meved, without notice, to review the report…
1Opinion of the CourtRbade, J.
There are three modes of trial provided for in the Code.
1. Trial by jury.
2. Trial by the Court.
3. Trial by referees.
The mode of trial by referees is under review in the case before us. If the reference is by consent, then that is the mode of trial selected by the garúes, and is a waiver of the right of trial by jury. So that, at no part of the proceedings, is either party entitled, as a matter of right, to have a jury.
The mode of trial by referees is found in section 246, but it is not very plain, and is, therefore, the subject of construction. And we feel at liberty — indeed it is a duty —…
2Cited by19 opinions
- Battle v. MayoSupreme Court of North Carolina · 1889
- In Re ParkerSupreme Court of North Carolina · 1936
- Anderson v. . McRaeSupreme Court of North Carolina · 1937
- Barcroft & Co. v. Roberts & Co.Supreme Court of North Carolina · 1884
- State Ex Rel. Carr v. AskewSupreme Court of North Carolina · 1886
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