Anderson v. . Jernigan

Supreme Court of North Carolina

Anderson v. . Jernigan

33 N.C. 414

DecidedDecember 5, 1850

StatusPublished

This text of 33 N.C. 414 (Anderson v. . Jernigan) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anderson v. . Jernigan, 33 N.C. 414 (N.C. 1850).

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Opinion

Ruffin, C. J.

The reference was not to the Clerk as an ar-bi trator. The parties did not treat the report as an award, and it is plain, that it was not so intended to be. The purpose was to proceed under the act of 1826, upon the supposition that the case was within it, as was done in Lynch v. Johnson, 11 Ire. 224, and there held to be erroneous. Issues were joined in the record for the jury, and there has been no trial of them; consequently the judgment, thus rendered without a verdict, must be reversed, and the cause remanded for further proceedings according to .law.

Per Curiam. Judgment reversed and cause remanded.

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Ruffin, C. J.

The reference was not to the Clerk as an ar-bi trator. The parties did not treat the report as an award, and it is plain, that it was not so intended to be. The purpose was to proceed under the act of 1826, upon the supposition that the case was within it, as was done in Lynch v. Johnson, 11 Ire. 224, and there held to be erroneous. Issues were joined in the record for the jury, and there has been no trial of them; consequently the judgment, thus rendered without a verdict, must be reversed, and the cause remanded for further proceedings according to .law.

Per Curiam. Judgment reversed and cause remanded.

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Bluebook (online)

33 N.C. 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-jernigan-nc-1850.