People ex rel. Desiderio v. Connolly

Crouch, J.:

By the returns to an alternative writ of mandamus certain issues of fact were joined herein. When the cause came on for trial before a jury, respondents moved for a reference. The motion was denied. After the trial had progressed for two days, the court, of its own motion, against the opposition of relators, made an order of reference. The appeal is from that order.

Appellants claim (1) that the court had no power in a mandamus proceeding to make a compulsory order of reference; and (2) that even though it had such power, the issues here did not involve a long account.

1. Whether the…