Nissen v. . Mining Company

The cause had been referred to Hon. John H. Dillard. Defendant filed exception to his report, and moved to submit certain issues to a jury. It appearing that defendant had made no objection to reference, had acted on it, and prayed for it in his answer, the court denied the motion. Defendant excepted.

The court overruled each exception, adopted the findings of fact and law of the referee, and confirmed the report, and rendered the final judgment. Appeal by defendant. The Constitution, Art. IV, sec. 13, provides: "In all issues of fact, joined in any court, the parties may waive the right to…