Stephens v. Strong

Tyler, County Judge.

The plaintiff insists that the report of the referee is irregular, and should be set aside for two reasons. 1st. Because the referee did not appoint the time and place for the hearing in writing, before the defendant gave the notice of such hearing. 2d. Because the plaintiff did not appear before the referee, and the cause was not heard on the merits.

1st. Was it necessary for the referee to appoint the time and place for the hearing in writing, before the cause could be regularly noticed 1 The statute in force on the subject is as follows : “ They (the referees) shall…