Collins v. Young
| Decision Date | 03 March 1896 |
| Citation | 23 S.E. 1005,118 N.C. 265 |
| Parties | COLLINS v. YOUNG et al. |
| Court | North Carolina Supreme Court |
Appeal from superior court, Harnett county; Timberlake, Judge.
Action by Hardy Collins against Young Bros. From a judgment for defendants, plaintiff appeals. Affirmed.
An order of reference, made at plaintiff's request, is a waiver of his right to a jury trial, and cannot be recalled, except by consent of both parties.
L. B. Chapin and W. E. Murchison, for appellant.
F. P. Jones, for respondents.
At the trial, but before the case 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.--, 23 S.E. 427, 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.
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