Supreme Court of North Carolina, 1951

Alston v. Robertson

Supreme Court of North Carolina · Decided March 7, 1951 · Denny

233 N.C. 309; 63 S.E.2d 632; 1951 N.C. LEXIS 584

Cases that cite this one

2 later published cases cite this decision.

Solon Lodge No. 9 Knights of Pythias Co. v. Ionic Lodge Free Ancient & Accepted Masons No. 72 Co. (N.C. 1957)
Coin Machine Acceptance Corp. v. Pillman (N.C. 1952)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DeNny, J.

It appears on the face of the record that a compulsory reference was ordered without first disposing of the pleas in bar. This was error and the appellees so concede. Grady v. Parker, 230 N.C. 166, 52 S.E. 2d 273; Ward v. Sewell, 214 N.C. 279, 199 S.E. 28; Graves v. Pritchett, 207 N.C. 518, 177 S.E. 641; McIntosh N. C. Prac. and Proc., section 523, p. 564.

Furthermore, the issues involved and the relief sought in this action, do not appear to be such as to justify or support an order of reference pursuant to the provisions of the statute, G.S. 1-189.

*310The order of reference will be vacated and tbe cause remanded for further proceedings in accord with the rights of the respective parties.

Error and remanded.

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