Reever v. White

MINER, J.:

By consent of the attorneys in this ease, an order was made referring it to a referee “to take the testimony in the case, and report to the court his findings of fact and conclusions of law, and report to the court with all convenient speed.” The referee afterwards reported that testimony was introduced on behalf of the plaintiff, and that after its conclusion, and after the plaintiff had rested his case, the defendants moved the court to dismiss the case, for the reason that plaintiff had not shown facts sufficient to constitute a cause of action against any of the defendants; that…