VAUGHN, Judge.
The parties do not raise nor do we decide the question of whether Judge May's interlocutory order was one from which appeal lies as a matter of right under G.S. § 7A-27. We treat defendant's appeal as a petition for certiorari which is allowed. The pleadings in this case were closed prior to 1 January 1970, the effective date of the North Carolina Rules of Civil Procedure. Defendant had the right to trial by jury before the effective date of Rule...
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