Harris v. . Shaffer

The pleadings raised issues of fact and law, and at August Term, 1878, the following order of reference was entered:

“Upon motion of plaintiff, it is ordered that this action be referred to A. W. Haywood, Esq., to hear and decide the issues raised by the pleadings’ herein, the referee to pass upon the fact and the law, and report to the Court the evidence and his findings both of law and fact, and the findings, to be subject to review by the Court. Either party may demand a jury trial, upon exceptions to the referee’s report.”

The question j>re.sented by the plaintiff’s exception is whether or…