Williams & Finnigan v. Elliott
Supreme Court of Kansas
Error from Marshall District Court. Action by. Elliott to recover an alleged balance of $111.65 due him on account from Williams & Finnigan. The principal facts and-proceedings are stated in the opinion, infra. The district court, at the August Term 1875, C. A. S., judge pro tern., presiding, confirmed the report of S. C., referee, and gave judgment in favor of Elliott for $116.80, and costs. The defendants bring the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.;
*524i. Mutual entitling a reference. *523Elliott filed his petition, in the usual form, for settlement of mutual accounts with the firm of Williams & Finnigan. An answer, containing only a *524general denial, was filed. Upon the hearing of the case, as to whether an accounting should be had, evidence was introduced, and the court ordered a reference in pursuance of § 292 of civil code, (Gen. Stat., 685,) against the objections of Williams & Finnigan. The legality of this order, under the circumstances, is the chief question in the case which is…
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