Roughton v. . Sawyer
Cases that cite this one
5 later published cases cite this decision.
- Bartlett v. Hopkins (N.C. 1952)
- Wynn v. . Bullock (N.C. 1911)
- Wynn v. Bullock (N.C. 1911)
- Lexington Mirror Co. v. Philadelphia Casualty Co. (N.C. 1910)
- Ogden v. Appalachian Land & Lumber Co. (N.C. 1907)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This action is brought to recover certain purchase-money from defendant lumber company and by it deposited in defendant bank. The cause was referred to a referee by tbe Court. Plaintiffs did not except to this order, and as to them it is a consent reference. They are not now entitled to a jury trial upon tbe issues arising upon tbe exceptions to referee’s report.
*767 The defendants T. 0. Morris, J. 0. Morris and C. T. Sample excepted to the order of reference, but they have waived the right to a trial by jury upon the issues of fact arising upon their exceptions filed to referee’s - report, by failing to assert such right definitely and specifically in each exception and pointing out in each exception the specific fact excepted to upon which they elect to demand a jury trial, as is required in Driller Co. v. Worth, 117 N. C., 520.
The judgment of the Superior Court is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.