Legal Opinion

Williams v. Williams

Court of Appeals of North Carolina

Decided February 2, 1972No. 711DC679PublishedCited by 9 opinions

1Opinion of the Court

GRAHAM, Judge.

Defendant did not request a jury trial and made no objection to the court hearing the matter without a jury. He contends now, however, that his rights under the Federal constitution and the State constitution were violated in that he was not afforded a trial by jury.

The Seventh Amendment to the United States Constitution guarantees trial by jury in suits at common law in the United States courts. It is well settled, however, that this provision applies only to the federal courts and not to the state courts. St. Louis and S.F.R. Co. v. Brown, 241 U.S. 223, 36 S.Ct. 602, 60 L.Ed.…

2Cases cited12 opinions

  1. Pearson v. YewdallSupreme Court of the United States · 1877
  2. Coggins v. City of AshevilleSupreme Court of North Carolina · 1971
  3. Davis v. DavisSupreme Court of North Carolina · 1967
  4. Sykes v. BelkSupreme Court of North Carolina · 1971
  5. Schloss v. SchlossSupreme Court of North Carolina · 1968

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Montgomery v. MontgomeryCourt of Appeals of North Carolina · 1977
  2. Matter of FergusonCourt of Appeals of North Carolina · 1981
  3. Sprinkle v. SprinkleCourt of Appeals of North Carolina · 1972
  4. Campbell v. BlountCourt of Appeals of North Carolina · 1975
  5. Whitaker v. WhitakerCourt of Appeals of North Carolina · 1972

4 more not listed; retrieve them via the Exa API.

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