Kelly v. Oksall

This is one of twenty-five cases commenced by the same plaintiff against as many different defendants, in each of which the order of the circuit court sending all the issues to a referee for trial without the consent and against the objection of the defendant was reversed in this court, and the appellant recovered the usual judgment for costs and disburse ' *393ments tobe taxed by the clerk. Kelley v. Oksall 17 S. D. 185 95 N. W. 918. Notwithstanding all the appellants were represented by the same counsel, and the decision of one case was necessarily decisive of all, no agreement was made that…