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Collins v. Young Bros.

Hardy Collins v. Young Brothers.

Collins v. Young Bros., 23 S.E. 1005 (N.C. 1896)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
February 5, 1896
Judges
Faircloth
Citations
23 S.E. 1005118 N.C. 265
Cited by 5
Headnotes
Practice — Reference— Waiver of Jury — Findings of Ref eree — Appeal—Assignment of Hrrors. 1. Where an order of reference is made at plaintiff’s request, or-without objection by him, the right to a trial by jury is thereby waived and cannot be recalled except by consent of' all parties. 2. The findings of fact by a referee, when there is any evidence to-support them, is conclusive. 3. Where no error is assigned on appeal the judgment below will be affirmed.
Summary
Civil aotioN, heard before Timberlahe, J., at Fall Term,, 1895, of HarNEtt Superior Court. There was judgment for the defendant and plaintiff appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Faircloth

Faircloth, C. J.:

At the trial, but before the ease was heard, the plaintiff demanded a jury trial, which was refused. In the case sent to this Court by his Honor it appears that when the order of reference was made, the plaintiff interposed no objection, and also that the order was made at the plaintiff’s request. This was a waiver •of the right to a jury trial which could not be recalled except by consent.

Driller Co.

v. Worth, 117 N. C., 515 , where the authorities are collected.

The findings of fact by the referee, when there is any evidence, are.not reviewable in this Court. The exceptions made before the referee in this case are not reviewable here. The case states that the plaintiff ■excepted'to the judgment, but no errors are assigned, so ■that in this respect there is nothing before us.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

View all citing references →
1898: 11908: 11909: 11915: 218982026peak 1915 · 2

Relies on it most ⓘ

  1. Alcorn v. Dennis1909 OK 260, 105 P. 1012
  2. Dunavant v. Caldwell & Northern Railroad29 S.E. 837 (N.C. 1898)
  3. W. M. Ritter Lumber Co. v. Montvale Lumber Co.169 N.C. 80 (1915)
  4. Lumber Co. v. Lumber Co.85 S.E. 438 (N.C. 1915)
  5. Foy v. Gray62 S.E. 523 (N.C. 1908)

Most recent

  1. Lumber Co. v. Lumber Co.85 S.E. 438 (N.C. 1915)
  2. W. M. Ritter Lumber Co. v. Montvale Lumber Co.169 N.C. 80 (1915)
  3. Alcorn v. Dennis1909 OK 260, 105 P. 1012
  4. Foy v. Gray62 S.E. 523 (N.C. 1908)
  5. Dunavant v. Caldwell & Northern Railroad29 S.E. 837 (N.C. 1898)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Keystone Driller Co. v. Worth, 23 S.E. 427 (N.C. 1895) 50

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