Supreme Court of North Carolina, 1907

Roughton v. . Sawyer

Roughton v. . Sawyer
Supreme Court of North Carolina · Decided February 19, 1907 · PER CURIAM.
56 S.E. 480; 144 N.C. 766 (South Eastern Reporter)
Roughton v. . Sawyer

Cases that cite this one

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Opinion of the Court

Per Curiam.

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.