Frank v. Schultz

Plaintiff in his bill of complaint, filed September 30, 1938, seeks partition and an accounting. From a decree granting the relief sought, defendant has appealed.

After this cause was at issue the circuit judge referred it to a circuit court commissioner for taking proofs and a report of his conclusions thereon This report was adverse to appellant. On motion of plaintiff's attorney the commissioner's report was confirmed May 18, 1939. Thereafter appellant filed a motion "for a new trial in this cause." The reason assigned in support of this motion was "That defendant should have a trial before…