Avera Loan & Investment Co. v. National Surety Co.

(After stating the foregoing facts.)

To the statement of facts and the headnotes we will add only the following:

This case was submitted to an auditor “to investigate the same and pass upon all questions of law not heretofore passed upon and all facts arising therein in accordance with the law in such cases made and provided.” (Italics ours.) The law “in such cases made and provided” is found in § 5129 of the Civil Code of 1910, and is as follows: “In all cases, unless modified by the order of appointment, in addition to the matter specially referred the auditor shall have’ power to hear…