Kerr v. Hicks.

CLARK, O. J.

This is a petition to rehear this case, reported in 131 N. C., 90. The grounds assigned in the petition are:

“1. That the Court overlooked the fact that the order of reference was compulsory and that the defendant excepted to the order of reference.” Neither ground is valid as a statements of fact. The opinion was largely based upon the fact that the order of reference was compulsory and the defendant, according to> the record, did not except to such order. The defendant merely excepted to the order of Judge Brown at a subsequent term amending the record to show that the plaintiff…