Hillwig v. Boyer

CAMPBELL, J., pro tem.

In this action judgment was entered in favor of plaintiff and against defendant for $3,864.92, and from this judgment defendant has appealed. He urges two points: 1. “The evidence does not establish that the deed was intended to be anything other than what on its face it purports to be”; 2. “The ex parte order made by the court sending the case to a referee for hearing was void and the judgment predicated upon the report of the referee is without support.” The complaint stated an action for money had and received, and the answer controverted the complaint. Without…