Volk v. Flatz

The pleadings resulted in issues of fact triable by jury. Without any application for a reference until the *272action was called for trial, and then, without any affidavits or formal showing of facts as basis for such an application, defendant moved for a reference under sec. 270.34, Stats. Plaintiff opposed that motion, and it was denied by the court with the statement that it was the court’s experience that references result in delays, and the cases must frequently be retried. We appreciate the correctness of that statement, and upon the situation which was presented by the state of the record…