Murchison National Bank v. Evans

The defendants base their appeal upon the sole proposition that the answer filed by them constitutes a plea in bar, and therefore the trial judge had no authority to order a compulsory reference under C. S., 573, subsec. 1, until tbe merits of tbe plea in bar bad first been determined. Tbe rule of law invoked by tbe defendants, is declared as follows in Duckworth v. Duckworth, 144 N. C., 620: “It bas been established witb us tbat no order of reference to take and state an account should be made when there is a plea in bar of account which goes to tbe entire demand until said plea bas been…