Marx v. Withers

Appellants present five questions for determination by this Court on an appeal from a final decree dismissing a bill of complaint to foreclose a mortgage.

The first two questions challenge the order of the court referring the cause to a special examiner on motion of complainants. The complainant, having moved for the order, cannot be heard to challenge the propriety thereof when made in accordance with his motion.

The third question challenges the action of the Court in making an order of reference without the appointment of a Guardian ad litem to represent minor defendants. The order of…