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CHEMICAL CO. v. LACKEY.

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.

PER CURIAM:

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)

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CHEMICAL CO. v. LACKEY
(Nov 1, 1905)