Illstad v. Anderson
North Dakota Supreme Court
PPEAL from district court, Grand Forks County; Hon. . Charles F. Templeton, Judge. Action by Thomas Illstad against Edward Anderson for a dissolution of a co-partnership and an accounting. Judgment for plaintiff. Defendant appealed.
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PPEAL from district court, Grand Forks County; Hon. . Charles F. Templeton, Judge. Action by Thomas Illstad against Edward Anderson for a dissolution of a co-partnership and an accounting. Judgment for plaintiff. Defendant appealed. The order of reference should have directed the referee as to whether he was to hear and try the case or simply to take an account between the parties, and if the reference was to take the account only he had no power to pass upon its validity or upon objections made. Sutt v. Wegner, 43 N. W. Rep. 167; in re May, 6 N. Y. Sup. 356; Fox v. Moyer, 54 N. Y. 125; Gill…
1Opinion of the Court
*172The opinion of the court was delivered by
Corliss, C. J.
Most of the alleged errors in the case are not properly before us. The action was for dissolution of a co-partnership between plaintiff and defendant. The issues coming on for trial at a regular term, the court made an order of reference, referring the action to a referee, “with the usual powers.” One of the errors assigned is the action of the referee in reporting findings of fact and conclusions of law. ' It is insisted that the order of reference is not broad enough to warrant the exercise by the referee of such power. The answer to…
2Cases cited3 opinions
- Cardoze v. SwiftMassachusetts Supreme Judicial Court · 1873
- Bowman v. EppingerNorth Dakota Supreme Court · 1890
- Atchison & Nebraska Railroad v. MillerNebraska Supreme Court · 1884
3Cited by9 opinions
- Nashville Railway & Light Co. v. HendersonTennessee Supreme Court · 1906
- Brace v. Van EpsSouth Dakota Supreme Court · 1899
- Haggarty v. StrongSouth Dakota Supreme Court · 1898
- Billingsley v. HilesSouth Dakota Supreme Court · 1895
- Lofthouse v. Galesburg State BankNorth Dakota Supreme Court · 1922
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