Supreme Court of North Carolina May 5, 1899 (Cummings v. . Swepson)

EaiRgi.oti-i, 0. J'.

Tbis action was referred by consent, and on tbe trial day tbe plaintiff made affidavit tbat be could not try, stating bis reasons. Tbe referee required bim to proceed to trial, and tbe plaintiff’s counsel stated tbat in justice to his client be was driven to consent to a nonsuit.