From Rockingham Circuit Court. This action was entered at the January term, 1873, and continued from term to term until the January term, 1875, when, the case being in order for trial, the defendants, not being ready for trial, nor having a sufficient cause for a continuance of the case, moved that it be referred under the judiciary act of 1874, and, as a condition of such reference and continuance, agreed to waive the right of a trial by jury ; and the entry was made upon…
Decided 1876-08-10
¶1FROM ROCKINGHAM CIRCUIT COURT.
I see no ground for this court to interfere to relieve the defendants from their stipulation to waive jury trial. The subsequent order is not inconsistent with it. The parties having proceeded to a hearing before the referee seasonably, and a report having been obtained in favor of the plaintiff, judgment was rightly ordered. *174