State Ex Rel. Rhodes v. Simpson

Justice WEBB

concurring in the result.

I agree with the result reached by the majority and with most of its reasoning. Nowhere in the majority opinion, however, is any mention of Article IV, Sec. 13 of the Constitution of North Carolina which provides in part:

There shall be in this State but one form of action for the enforcement or protection of private rights or the redress of private wrongs, which shall be denominated a civil action, and in which there shall be a right to have issues of fact tried before a jury.

I do not believe this section requires a jury trial because this is an action by the State to protect a public interest. If it were an action to protect a private right or redress a private wrong, I believe Article IV, Sec. 13 would apply. I feel the majority should take note of this part of the Constitution in its opinion.