Godwin v. . Jernigan

Tbis cause was tried in tbe recorder’s court of Dunn. •On appeal, there was a compulsory reference. On tbe filing of tbe referee’s report, 8 November, 1915, exceptions were filed by tbe defendant thereto, but no issues were formulated to secure a jury trial, as required under our practice. Driller Co. v. Worth, 117 N. C., 515; Ogden v. Land Co., 146 N. C., 443. On 16 June, 1916, tbe defendant filed tbe issues, but without leave of court. Tbis was too late.

Upon the bearing of the exceptions to the referee’s report at February Term, 1917, the defendant demurred ore tenus, and for the first…