Leach v. Bopp

This is a suit in equity, authorized by statute, in which plaintiffs, as the owners of certain real estate, brought in mechanics’ lien claims against such real estate to determine their respective rights. The court on its own motion appointed a referee to try the issues of law and the facts. It seems, however, that section 7245, Revised Statutes Missouri 1919, forbids that a referee be appointed on the court’s own motion when the case is brought under the equity statute. [See Johnston v. Pump Co., 274 Mo. 414, 202 S. W. 1143.] The referee passed on the objections to the introduction and…