SPARKS v. SPARKS

No. 237.

61 S.E.2d 356 (1950)

232 N.C. 492

SPARKS v. SPARKS et al.

Supreme Court of North Carolina.

October 11, 1950.


Attorney(s) appearing for the Case

Hall & Zachary, Yadkinville, for plaintiff, appellee.

Fouts & Watson, Burnsville and Spruce Pine, for defendants, appellants.


ERVIN, Justice.

The Constitution of North Carolina guarantees to every litigant the "sacred and inviolable" right to demand a trial by jury of the issues of fact arising "in all controversies at law respecting property", and he cannot be deprived of this right except by his own consent. N.C.Const. Art. I, Sec. 19. The Code of Civil Procedure provides that issues of fact must be tried by a jury, unless a trial by jury is waived or a reference ordered. G.S. § 1...

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