Hertzberg v. Elvidge

The motion to set aside the judgment herein was sent to a referee- for determination and report upon the facts under the provisions of section 1015 of the Code of Civil Procedure; a number of hearings were had before him during which a large amount of evidence was taken. His report, however, not having been filed with the clerk, or delivered to the attorney for one of the parties within sixty days from the time when the matter was finally submitted, plaintiff’s attorney elected to end the reference and served the notice provided for in section 1019 of the Code.

Subsequently the whole matter…