Supreme Court of North Carolina December 16, 1936 (Preister v. Stanly Bank & Trust Co.)

Devin, J.

It is an elementary rule of procedure, upheld by many decisions of this Court, that when the answer sets up a plea in complete bar of plaintiff’s action, a compulsory reference should not be ordered until the plea, which may defeat the action entirely and render an accounting useless, has been determined. McIntosh Prac. & Proc., sec. 523;

Smith v. Goldsboro,

121 N. C., 350;

R. R. v.