Opinion
(Filed 22 November, 1905.)
Premature Appeal — Reference.
An appeal from an order of re-reference of a case to the referee to find a fact which the Court deemed material, is premature and will be dismissed.
ACTION by Southern Chemical Company against C. A. Lackey and another, pending in the Superior Court of ALEXANDER, and heard by Judge Jas. L. Webb by consent, at Lenoir, upon the report of the referee and exceptions thereto. From an order of reference the plaintiff appealed.
L. M. Swink for the plaintiff.
R. Z. Linney and J. L. Gwaltney for the defendants.
Upon the hearing of the exceptions to the referee's report the court ordered a rereference to the referee to find a fact which the court deemed material. From this order the plaintiff appealed. The appeal is premature. "Some things are settled, and this is one of them." Wallace v. Douglas, 105 N.C. 42.
Appeal dismissed. (33)