Buschman v. Zerfas

The appellants assign as error, (1) the refusal of the referee, upon the hearing before him to determine the sufficiency of the objecting petitions, to receive and consider the objecting petitions signed after the order of reference was made; and (2) that the evidence before the referee on the hearing upon the “whole issue” was insufficient to sustain his findings of fact upon that issue.(1) Sub. (1) of the statute, sec. 61.07, reads as follows:

“If prior to the date set for a hearing upon such application there is filed with the court a petition protesting against the incorporation of such.…