Sloan v. Smith
California Supreme Court
Appeal from the Superior Court of San Francisco. The plaintiffs brought this action against the defendant to recover $900, for services alleged to have been rendered to the defendant as attorneys at law. The defendant denied the services, or if services were rendered, averred that they were not worth so large a sum.
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Appeal from the Superior Court of San Francisco. The plaintiffs brought this action against the defendant to recover $900, for services alleged to have been rendered to the defendant as attorneys at law. The defendant denied the services, or if services were rendered, averred that they were not worth so large a sum. The case was referred by consent of parties to three referees, named, “ to hear and determine the cause, and report their decision thereon, and report to the court.” The referees made “report that $650 be awarded to the plaintiffs, with costs,” and judgment was "entered in…
1Opinion of the CourtMurray, Chief Justice
Heydenfeldt, Justice, concurred.
This appeal is taken from the final judgment of the court below, rendered upon the report of referees.
We have already given a construction to the act concerning references, which has settled the practice in the lower courts, and which covers the errors assigned by the appellant, with the exception of the one that the referees were not sworn.
' There is nothing in this point; the statute does not require referees to be sworn. Consequently, the imposition of an oath by the court would be of no effect other than to put it in their power to commit moral perjury…
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