RESORT DEVELOPMENT CO. v. Phillips

*76HIGGINS, Justice.

The defendants argue here that the Superior Court in the trial and the Court of Appeals on review committed error by holding the order of reference did not violate their constitutional right to a jury trial under Article 1, Section 19, North Carolina Constitution. The adverse decision (3 N.C. App. 295) was filed on December 18, 1968. The defendants failed to apply by certiorari for further review and thereby waived their right to challenge the decision of the Court of Appeals, even though a constitutional question was involved. “ ‘No procedural principle is more familiar to…