East Coast Fertilizer Co. v. Hardee

The only question presented by this appeal is the validity of the order of Judge Parker denying plaintiff’s motion for jury trial upon an issue in the cause, wbicb, by the judgment of Judge Frizzelle, bad been ordered retained on the civil issue docket for tbat purpose.

While the reference ordered by Frizzelle, J., in the first instance, was by consent, it may be open to debate whether the order to the referee to “bear the testimony, render an accounting, and report bis findings” contemplated the consideration and decision by him of the issue of fraudulent conversion raised by the pleadings.…