Rathbun v. Rathbun

Morehouse, Justice.

The authority to refer a cause is derived from, the statute, and when done by the mere authority of the court, is restricted to causes the trial of which will require the examination of a long account, and when so referred, must be to three impartial and competent persons, (2 R S. 384, § 39.) A consequence of referring a cause not referable under the statute, even with consent, was a discontinuance of the suit. In 1836, the Legislature authorized the court to refer to a sole referee, with the consent of the parties, and by further legislation in 1845 a reference of any…