La Count v. General Asbestos & Rubber Co.

The opinion of the Court was delivered by

Mr. Justice Bonham.

This is an action for damages. The questions at issue before this Court are: Can one Circuit Judge grant an order of reference, the motion for which, made on the same state of facts, has been refused by another Circuit Judge? Is the case one in which a compulsory order of reference can be made? These two questions may be considered together.

The 15th day of December, 1930, the plaintiff had served a summons, dated November 26, 1930, on Samuel Hughes, who was claimed to be superintendent of General Asbestos & Rubber Company. December…