Sledge v. Miller

Plaintiff’s first assignment of error is directed to the order of reference. He contends that defendants’ pleas of the statutes of limitations were pleas in bar and until disposed of, a reference was improper.

True, no reference should be ordered when there is a plea in bar which when determined will completely dispose of the controversy; but unless the plea is sufficient, when established, to finally settle the entire controversy, it constitutes no basis for refusing to refer. Solon Lodge v. Ionic Lodge, 245 N.C. 281, 95 S.E. 2d 921; Grimes v. Beaufort County, 218 N.C. 164, 10 S.E. 2d 640;…