Niles v. Price

Robertson, Justice.

I apprehend the plaintiff’s counsel mistakes his remedy for the evil he fears. The referee’s duty, in determining the cause, ends with making his report. After he has made it he has no power to alter it. It is true he has power to settle the statement of what occurred before him on the trial, and his determination thereon, in the shape of a case. But the cause is terminated, and there is no day given before him, after he has completed his report, when parties are to be allowed to prefer request's to have the report modified, and no ex parte application could be tolerated…