American Trust Co. v. Jenkins

Can a trial judge revoke an order of compulsory reference, made without objection or exception, and set the cause for trial by a jury?

The principle of law applicable to the facts disclosed by the record was stated in Rogers v. Lumber Co., 154 N. C., 108, 69 S. E., 788, as follows: “When there is a consent reference the court cannot set aside the method of trial agreed upon by the parties. It can affirm, modify, or disapprove the report of the referee or can rerefer the case. When. it. is a compulsory reference, if either party reserves his right to a jury trial, in the manner pointed out in…