McCutchen v. McCutchen

By agreement of parties this cause, in the circuit court, was referred to Alvah Taylor, Esq., an attorney at the Wabash bar, with directions to him, as referee, to take and report the evidence verbatim with his conclusions of law thereon stated separately in writing. After qualifying, he heard the case and filed his report, in which it is shown that he made a special finding of the facts, and stated conclusions of law thereon. He also recites in his report that "all the oral evidence' was written by me in the presence of the respective parties and * * is hereto subjoined.”

But no such nor any…