Miller Bros. Lumber Co. v. Mayfair Lumber Co.

The circuit court entered a decree in favor of defendants, and plaintiff appeals. Plaintiffs complaint charged that the roadway in question was a public street which plaintiff was entitled to use. Defendant’s answer denied the existence of a public street. The case was referred to a master in chancery; both sides presented their evidence and exhibits, and submitted the matter to the master for a final report. Thereafter on his own motion, the master disqualified himself. Rather than re-try the case, the parties stipulated that the entire record be submitted to the judge for decision. At oral…