Booker v. Town of Highlands

Stacy, O. J.,

after stating the case: It may be conceded that up to the time plaintiff filed his exceptions to the report of the referee, the defendant had preserved its right to a jury trial, as an examination of the record discloses that ojection was duly entered to the order of reference, and, on the coming in of the referee’s report, exceptions were filed thereto in apt time, appropriate issues properly tendered, and a jury trial demanded on the issues thus tendered and raised by the pleadings. Brown v. Broadhurst, 197 N. C., 738, 150 S. E., 355.

■The appeal, therefore, presents the single…