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WILLIAMS v. ROBERTSON

No. 165.

63 S.E.2d 632 (1951)

233 N.C. 309

WILLIAMS et al. v. ROBERTSON et al.

Supreme Court of North Carolina.

March 7, 1951.

Attorney(s) appearing for the Case

Kerr & Kerr, and James D. Gilliland all of Warrenton, for plaintiffs, appellees.

Banzet & Banzet, Warrenton, for defendants, appellants.

DENNY, Justice.

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. § 523, p. 564.

Furthermore, the issues involved and the relief sought in this action, do not appear to be...

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