Alston v. Robertson

Supreme Court of North Carolina

Alston v. Robertson

63 S.E.2d 632, 233 N.C. 309, 1951 N.C. LEXIS 584

CourtSupreme Court of North Carolina

DecidedMarch 7, 1951

StatusPublished

Cited by2 cases

This text of 63 S.E.2d 632 (Alston v. Robertson) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alston v. Robertson, 63 S.E.2d 632, 233 N.C. 309, 1951 N.C. LEXIS 584 (N.C. 1951).

Pincite

Opinion

DeNny, J.

It appears on the face of the record that a compulsory reference was ordered without first disposing of the pleas in bar. This was error and the appellees so concede. Grady v. Parker, 230 N.C. 166, 52 S.E. 2d 273; Ward v. Sewell, 214 N.C. 279, 199 S.E. 28; Graves v. Pritchett, 207 N.C. 518, 177 S.E. 641; McIntosh N. C. Prac. and Proc., section 523, p. 564.

Furthermore, the issues involved and the relief sought in this action, do not appear to be such as to justify or support an order of reference pursuant to the provisions of the statute, G.S. 1-189.

[310]*310The order of reference will be vacated and tbe cause remanded for further proceedings in accord with the rights of the respective parties.

Error and remanded.

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