Hochstetter v. Isaac

Referees now have the same power to grant adjournments and to allow amendments to any pleadings, and to the summons, as the court upon the trial, upon the same terms and with the like effect (Code, § 272). As the subject of payments has been introduced into this case by the complaint and put in issue by the answer, the proposed amendment of the answer, by which it was sought to set up the precise amount paid, being material to-the case, should have been allowed by the referee upon terms.

As the plaintiff insisted, however, that the referee has already passed upon this question, and that his…