Jenkins v. . Parker

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…