State v. Pacific Guano Co.

Citations

• 28 S.C. 63
• 5 S.E. 167
• 1888 S.C. LEXIS 17

Syllabus

<p>1. When a case is of such a character as to entitle the parties to a trial by jury, it can be tried only in that way, or in some other way to which the parties have consented, for no other mode of trial can be substituted for that guaranteed by the constitution, except by consent.</p> <p>2. Where parties consented that the trial should be by the court, upon testimony taken and reported by a referee, and a portion of the issues have been so tried, those remaining undisposed of must be tried in the same way, unless both parties consent to substitute some other mode of tidal for the issues not yet determined. Without such consent, the cause cannot then be submitted to a jury or to a referee to hear and determine the issues.</p>