Brown v. . Buchanan

At July Term, 1924, this action, then pending in the Superior Court of Mitchell County, was referred by the judge presiding for trial. 0. S., 573, subsection 3. The order of reference was made, notwithstanding the objection of defendant, who duly excepted thereto. Defendant was, therefore, not deprived of his constitutional right to a trial by jury of the issues of fact arising upon the pleadings. Lumber Co. v. Pemberton, 188 N. C., 532. When the report of the referee, to which exceptions had been duly filed by the defendant, came on/or hearing, defendant tendered issues to be submitted to…