Legal Opinion

Jenkins v. . Parker

Supreme Court of North Carolina

Decided September 22, 1926PublishedCited by 9 opinions

1Opinion of the CourtStagy, C. J.

The appeal presents the question as to whether the defendant is entitled to a jury trial on any of his exceptions filed to the report of the referee. "We think not.

When a compulsory reference is ordered, the party who would preserve the right to have the issues found by a jury, must duly except to the order of reference; and, upon the coming in of the referee’s report, if it be adverse, he must file «exceptions thereto in apt time, properly tender appropriate issues, and demand a jury trial on each of the issues tendered, and, if the referee’s report be in his favor, he must seasonably tender…

2Cases cited4 opinions

  1. Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
  2. Baker v. . EdwardsSupreme Court of North Carolina · 1918
  3. Robinson v. . JohnsonSupreme Court of North Carolina · 1917
  4. Simpson v. . ScronceSupreme Court of North Carolina · 1910

3Cited by9 opinions

  1. Booker v. Town of HighlandsSupreme Court of North Carolina · 1930
  2. Brown v. E. H. Clement Co.Supreme Court of North Carolina · 1940
  3. Bartlett v. HopkinsSupreme Court of North Carolina · 1952
  4. Holmes Electric Co. v. Carolina Power & Light Co.Supreme Court of North Carolina · 1929
  5. American Trust Co. v. JenkinsSupreme Court of North Carolina · 1929

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