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Roughton v. Sawyer

Supreme Court of North Carolina
Feb 1, 1907
56 S.E. 480 (N.C. 1907)

Opinion

(Filed 19 February, 1907.)

Reference — Exceptions Must be Definite.

A right to a trial by jury is waived unless order of reference is excepted to definitely and specifically, pointing out specific facts upon which it is demanded.

APPEAL by plaintiff and certain defendants.

Ward Grimes and Shepherd Shepherd for plaintiffs.

Aydlett Ehringhaus and C. E. Thompson for defendants.


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 the 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 the issues arising upon the exceptions to referee's report.

(767) The defendants T. C. Morris, J. C. 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.

Cited: Ogden v. Land Co., 14 N.C. 446; Mirror Co. v. Casualty Co., 153 N.C. 374; Wynn v. Bullock, 154 N.C. 383.


Summaries of

Roughton v. Sawyer

Supreme Court of North Carolina
Feb 1, 1907
56 S.E. 480 (N.C. 1907)
Case details for

Roughton v. Sawyer

Case Details

Full title:A. W. ROUGHTON ET AL. v. SPENCER SAWYER ET AL

Court:Supreme Court of North Carolina

Date published: Feb 1, 1907

Citations

56 S.E. 480 (N.C. 1907)
144 N.C. 766

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