Waller v. . Dudley
Supreme Court of North Carolina
1Opinion of the CourtStagy, C. J.
The first exception imputes error to the trial court in ordering a reference in this case. The exception is without merit. ■ C. S., 573, provides for a compulsory reference, “3. Where the case involves a complicated question of boundary, or one which requires a personal view of the premises.” Kelly v. Lumber Co., 157 N. C., 175. See, also, Burroughs v. Umstead, 193 N. C., 842.
The defendant next complains at the action of the trial court in refusing “to make those persons who own property adjoining the millpond parties to this action.” So far as appears from the record, no error seems to have…
2Cases cited2 opinions
- Kelly v. Enterprise Lumber Co.Supreme Court of North Carolina · 1911
- Burroughs v. . UmsteadSupreme Court of North Carolina · 1927