PENTECOST v. RAY

No. 745.

106 S.E.2d 467 (1959)

249 N.C. 406

R. M. PENTECOST v. Lonnie RAY.

Supreme Court of North Carolina.

January 14, 1959.


Attorney(s) appearing for the Case

Thomas C. Carter, Burlington, Clarence Ross, Graham, Lee W. Settle, Mebane, for defendant, appellant.

W. D. Madry, T. Paul Messick, W. R. Dalton, Jr., Burlington, for plaintiff, appellee.


HIGGINS, Justice.

If the order appealed from is permitted to stand, the cause has made a circuit through the legal steps set forth in the statement of fact and is now only a few degrees off the position it occupied when Judge Sharp ordered it referred. The court has been spinning its wheels for almost four years. The new order of reference injects new questions into the cause and opens the door for a jury trial as to matters the plaintiff has sought to inject by unsuccessful...

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