Temple v. Montgomery

The opinion of the Court was delivered by

Mr. Justice BeEase.

To avoid some repetition, the issues made by the pleadings in this cause, and the facts developed by the evidence therein, are referred to later, in our consideration of the questions raised by the appeal.

The cause was first heard by Hoyt McMillan, Esq., as special referee, who was directed to take the testimony and report his findings of fact and conclusions of law to the Court. The appellant excepted to the report of the referee, and the case was then heard by Hon. W. H. Townsend, Circuit Judge, presiding in the Court of Common…