Seaman v. Mariani
California Supreme Court
Appeal from the district court of the fourth judicial district. The sections of the statute under which the following decision was made, are as follows : “ Sec. 163. All or any of the issues in the action, whether of “ fact or of law, or both, may be referred, upon the written con- “ sent of the parties., “ Sec. 164. When the parties do not consent, the court may, “ upon the application of either, or of its own motion, except “ when the investigation will require the…
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Appeal from the district court of the fourth judicial district. The sections of the statute under which the following decision was made, are as follows : “ Sec. 163. All or any of the issues in the action, whether of “ fact or of law, or both, may be referred, upon the written con- “ sent of the parties., “ Sec. 164. When the parties do not consent, the court may, “ upon the application of either, or of its own motion, except “ when the investigation will require the decision of difficult “ questions of law, direct a reference in the following cases : “ 1. Where the trial of an issue of fact…
1Opinion of the Court
By the Court,
Hastings, Ch. J.
By the record it appears that the plaintiff sued the defendant for balance of an account for work and labor done as a mechanic. The balance not being disputed, the defendant, by his plea, set up payment by a promissory note due plaintiff at four months after date, to which the plaintiff replied fraud in the execution of the note, and rendered the same to be cancelled on the trial, and insisted on judgment *337for the balance of the original indebtedness. The court, without the written consent of the parties, and against the verbal consent of the plaintiff, referred…
2Cited by4 opinions
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- Tietzel v. Southwestern Const. Co.New Mexico Supreme Court · 1939
- Archuleta v. ArchuletaSupreme Court of Colorado · 1912