Veazey v. City of Durham

Tbe order refusing a reference shows on its face tbat tbe court denied tbe motion for a compulsory reference as a matter of discretion. This being so, the appeal necessarily proceeds on tbe assumption tbat the court should have granted a compulsory reference because tbe defendant was entitled to demand tbat mode of trial as a matter of right in tbe action at bar.

Tbe statute which controls tbe granting of compulsory references is embodied in G.S. 1-189. It provides tbat “where tbe parties do not consent, the court may, upon tbe application of either, or of its own motion, direct a reference”…