Toulmin, Jr. v. Becker

OPINION

By WISEMAN, J:

Submitted on application of plaintiff-appellant to refer this cause to a referee. The defendant-appellee opposes the application on the ground that the Court of Appeals has no statutory or inherent authority to make such reference.

The case is one in chancery and is in this Court on an appeal on questions of law and fact.

There is no statute which expressly confers the authority on the Court of Appeals to refer a chancery matter to a referee. In §12223-21 GC, it is provided that: “An appeal taken on questions of law and fact shall entitle the party to a hearing and…