McShane v. Gray
Supreme Court of Iowa
Appeal from JBlaclchawlc District Court. On the 25th of April, 1860, this cause, without objection from either party, as far as disclosed by the record, was referred to a single referee, to report “ upon the account between the parties.’’ It seems that plaintiff filed a paper, after this," objecting to any action by the referee. Whether this was filed with that officer, or with whom, does not appear.
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Appeal from JBlaclchawlc District Court. On the 25th of April, 1860, this cause, without objection from either party, as far as disclosed by the record, was referred to a single referee, to report “ upon the account between the parties.’’ It seems that plaintiff filed a paper, after this," objecting to any action by the referee. Whether this was filed with that officer, or with whom, does not appear. The report states that the parties were all present, that the cause was called, witnesses were examined, &c. To this proceeding thus far, defendants interposed no objection. The referee found in…
1Opinion of the CourtWright, J.
It was competent, by consent of parties, to refer the action to one referee, instead of three. (Code, § 1594.) And when such reference has been made, and the party afterwards raising the objection, failed to signify •the same at the time, but, on the contrary, appeared before the referee, and submitted his cause, his mere suggestion, by motion, that the submission was irregular and unauthorized, should not be received with favor, nor entertained.
It was competent for the court to require the referee to state the facts found, as the predicate for the final judgment. This was substantially done…
2Cited by2 opinions
- Dinsmore v. SmithWisconsin Supreme Court · 1863
- Sweeney v. VaudryMissouri Court of Appeals · 1876