Clark v. Hewitt

THE COURT.

This is a suit for the settlement of a partnership account between the plaintiff and defendant’s intestate. The ease was, on stipulation of the parties, referred to a referee to “try . . . all . . . the issues in the action, whether of fact or law, and report a finding and judgment thereon as provided by section 638, subdivision 1” of the Code of Civil Procedure; and on the coming in of the referee’s report judgment was rendered against the defendant for the sum of $3,747.60 and costs. Motion was made for a new trial, which, on plaintiff’s remission of $800.05 from the amount…