Kneale v. Jennings

The issue, having been framed in the common pleas by suitable pleadings, was referred both as to the facts and the law to a referee, who heard same and filed his report in the common pleas. There were filed exceptions to the report, motion for new trial, and, subsequently, a motion to confirm the report, all of which seasonably were disposed of. The common pleas approved the report, and entered a decree accordingly. On appeal, a similar decree was the order of the Court of Appeals.

The report of the referee sets forth the physical situation of the districts as they formerly were, their…