Hastings v. Cunningham
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action for the partition of certain real property, in the City and County of San Francisco, among the parties above named, and “ other persons unknown to the plaintiff,” who are by the complaint made parties to the action.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action for the partition of certain real property, in the City and County of San Francisco, among the parties above named, and “ other persons unknown to the plaintiff,” who are by the complaint made parties to the action. Upon the stipulation of certain of the parties, being all that had at the time appeared in the action, Charles Halsey, Esq. was by .the Court appointed referee to try all the issues in the cause and report a decree. In pursuance thereof, the referee in due course reported…
1Opinion of the Court
By the Court, Rhodes, J.:
The Chapter of the Practice Act relating to the partition of real property contains no special provision for the appointment of a referee to try the issues and find the title of the respective parties. The appointment of a referee in an action *552for partition is therefore regulated by the general provisions of the Practice Act. According to section one hundred and eighty-two, a reference to try all the issues in an action can be ordered only upon the agreement of the parties. The following section provides for a reference without the consent of the parties in certain…
2Cases cited1 opinion
- Williams v. Benton.California Supreme Court · 1864
3Cited by10 opinions
- People v. Superior CourtCalifornia Supreme Court · 2001
- Harrington v. GoldsmithCalifornia Supreme Court · 1902
- Tietzel v. Southwestern Const. Co.New Mexico Supreme Court · 1939
- Morgan v. OwnbeySuperior Court of Delaware · 1916
- Bixby v. BentCalifornia Supreme Court · 1881
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