Moore v. Whitley

The sole assignment of error presented for consideration on this appeal challenges the ruling of the court below in bolding that the Moores, plaintiffs, are entitled to a jury trial. Testing their exceptions to the referee’s report, and their tender of issues, particularly the issue of title arising on the pleadings, by rules of procedure for preserving right to jury trial in a compulsory reference case, as enunciated in decisions of this Court, it appears that they meet the requirement sufficiently to withstand successful attack. See Booker v. Highlands, 198 N.C. 282, 151 S.E. 635; Brown v.…