Ward v. . Sewell

It hardly seems worth while to debate tbe question whether plaintiff bas waived bis right to a jury trial by failure to tender proper issues upon bis exceptions to tbe report of tbe referee when it appears on tbe face of tbe record tbat a compulsory reference was ordered without first disposing of tbe pleas in bar. Graves v. Pritchett, 207 N. C., 518, 177 S. E., 641; McIntosh N. C. Prac. and Proc., 564. Why engage in tbe fruitless task of deciding a question of procedure in a reference which eventually must be set aside? Pritchett v. Supply Co., 153 N. C., 344, 69 S. E., 249.

Tbe order of…