Howe v. Muir

Gridley, Justice.

This application must be denied, for several reasons.

1. The court, and not the referee, makes the order for the extra allowance, and, of course, the court itself must decide whether “ the prosecution or defence has been unreasonably or unfairly conducted.” In this case no facts are presented to the court, upon which a decision can be based. The referee has assumed to decide that that question; and the court is left to perform only the formal duty of making the order. The referee had no power to pass upon this point. The statute has given it to the court alone.

*2532. It will…