Farley, Rec'r v. Matthews

The opinion of the Court was delivered by

Circuit Judge G. Dewey Oxner, Acting Associate Justice.

This is an appeal from an order signed by his Honor, Judge Featherstone, upon motion of plaintiff, referring all issues of law and fact to a special master. The defendants opposed the motion, and defendants National Surety Company and Fred C. Gilbert have appealed from said order. There are five exceptions, but, as stated in the brief of appellants, there is but one question involved, viz., “Is the cause of action one for compulsory order of reference?”

The allegations of the complaint may be…