Witherspoon v. Stogner

The opinion of the Court was delivered by

Mr. Justice Fisitburne.

This is an appeal from an order 'of Hon. G. Dewey Oxner, Circuit Judge, wherein he held that the issues made by the pleadings were equitable and should be passed upon, by a referee. He, accordingly, referred the three causes to a special referee, with instructions to take the testimony and report his findings of fact and conclusions of law to the Court.

The appellants assign error upon several exceptions, which make the sole issue whether the Circuit Judge erred in granting the order of reference. The appellants contend that the…