{
  "id": 8689503,
  "name": "JOHN S. MAXWELL, Adm'r v. THOS. T. MAXWELL and others",
  "name_abbreviation": "Maxwell v. Maxwell",
  "decision_date": "1874-01",
  "docket_number": "",
  "first_page": "267",
  "last_page": "268",
  "citations": [
    {
      "type": "official",
      "cite": "70 N.C. 267"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 172,
    "char_count": 2198,
    "ocr_confidence": 0.434,
    "sha256": "0fe9a06cf4cda0fa07b7da164e4659e150ae718f7096d98b1aa8a1a23b7b7ec9",
    "simhash": "1:98c0cd3c02dfda1a",
    "word_count": 397
  },
  "last_updated": "2023-07-14T15:53:06.826178+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JOHN S. MAXWELL, Adm\u2019r v. THOS. T. MAXWELL and others."
    ],
    "opinions": [
      {
        "text": "Settle, J.\nThis ease was before us at June Term, 1872, and is reported in 67 N. C. Rep. 383. The judgment of the Superior Court, holding the reference to Price and Lunn to be at an end, being then reversed, the case was remanded, with directions to proceed according to law. The Court did proceed to find the facts and to declare the law thereon ; but the defendants insist that they have never waived a jury trial, and that his Honor was not authorized to find the facts.\nIt appears from the record now before us, that at Spring Term, 1873, the plaintiff filed exceptions to the report of the said referees. And at the same term of the Court the following entries were made upon the record, \u201c Motion by defendants\u2019 -counsel to confirm the report\u201c Exceptions to the report by plaintiffs\u2019 counsel; to he passed on ly the Court as of this term.\u201d And then comes the judgment of the Court, to wit: \u201c This action coming on for trial upon the complaint, answer of the defendant, report of the commissioners, Charles Price and B. F. Lunn, and the exceptions filed thereto by plaintiff and proofs taken, and the matters of fact having been agreed by the parties to be fried by the Court. and the matter being fully heard, and the proofs and pleadings considered and debated by counsel, the Court doth find,\u201d &c.\nThese entries of record are conclusive of the waiver of a jury trial, and cannot be impeached.\nLet it be certified that there is no error.\nPer Oueiah. Judgment affirmed.",
        "type": "majority",
        "author": "Settle, J."
      }
    ],
    "attorneys": [
      "W. II. Bailey, for appellants.",
      "Batchelor, Edwards dc Batchelor and Brown, contra."
    ],
    "corrections": "",
    "head_matter": "JOHN S. MAXWELL, Adm\u2019r v. THOS. T. MAXWELL and others.\nThe entries on the record, that certain exceptions were to he \u201cpassed upon by the Court as of this term, followed by the judgment of the Court are conclusive of the waiver of a jury trial by the parties and cannot be impeached.\nCivil actioN, remanded from this Court at June Term, 1872, 67 N. C. Rep. 383, to the Superior Court of Davie county, where it was tried by Cloud, J., at Spring Term, 1873.\nFrom the judgment rendered by his Honor, the defendants appealed.\nAll the facts necessary to an understanding of the decision of the Court will be found in the opinion of Justice Settle.\nW. II. Bailey, for appellants.\nBatchelor, Edwards dc Batchelor and Brown, contra."
  },
  "file_name": "0267-01",
  "first_page_order": 283,
  "last_page_order": 284
}