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COBURN v. ROANOKE LAND AND TIMBER CORPORATION

No. 26.

125 S.E.2d 593 (1962)

257 N.C. 222

R. L. COBURN and wife, Martha H. Coburn, v. ROANOKE LAND AND TIMBER CORPORATION, Coastal Lumber Company, L. B. Blackman, B. H. Oates and wife, Ruth Oates, J. W. Wells and wife, Ruth Wells, K. P. Lindsley and wife, Murceil P. Lindsley, L. P. Lindsley and wife, Marguerite G. Lindsley.

Supreme Court of North Carolina.

May 23, 1962.

Attorney(s) appearing for the Case

Peel & Peel, Williamston, Bourne & Bourne, Tarboro, for defendants, Roanoke Land and Timber Corporation, Coastal Lumber Company and L. B. Blackman, appellants.

Pritchett & Cooke, Windsor, for defendants B. H. Oates and wife, Ruth Oates, J. W. Wells and wife, Ruth Wells, appellants.

Clarence W. Griffin and R. L. Coburn, Williamston, for plaintiff appellee.

SHARP, Justice.

May one Superior Court Judge, before any exceptions have been filed and before the time for filing exceptions has expired, without finding any facts or assigning any reasons, set aside the report of a referee and revoke the order of reference entered by another Superior Court Judge? The answer is No.

This was a compulsory reference, but whether the reference be compulsory or by consent, after the parties have presented their evidence to the...

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