¶1 The first exception of the defendants B. J. Smith and wife was not sufficiently specific to entitle them to a trial by jury. Although a party may not have waived his demand for a jury trial at any previous stage of the proceedings, yet he may forfeit it by failing to indicate in his exception the particular issue, as distinguished from question, raised by the pleadings, and which he demands shall be tried by a jui’y. The demand must be confined to issues thus raised, and must specify the issue either by tendering a formal one, or stating as clearly what it is as if it had been formally drawn and tendered. Keystone Driller Co. v. Worth, decided at this Term, and same case 117 N. C., 515. The right of other parties to a speedy trial and to such notice as will enable them to prepare for it, is as much a fundamental one as that to a trial by jury, and the courts must so administer the law as to make the *129 two consistent. One party cannot be allowed negligently or purposely to assert bis right to trial by jury in such a way as unnecessarily to cause delay in meting out justice to his adversary. Keystone Driller Co. v. Worth, supra. Eor the error in ordering a jury trial as to the questions raised by the first exception, the case must be remanded. The duty will now devolve upon the Judge of determining whether he will adopt the findings of the referee upon the questions, to which the first exception relates, or substitute others- for them. The other exceptions' discussed may come up for hearing, upon appeal-after all of the questions of law and of fact have been passed upon by the court below.
¶2 Error. Remanded.