Underwood v. McDuffee
Michigan Supreme Court
Error to Hillsdale Circuit. This was an action of assumpsit. After issue joined, the cause was referred by stipulation to a referee; and who found for the plaintiff. A bill of exceptions was signed, and exceptions were taken to the referee’s report. Both were overruled by the Circuit Court and the report was confirmed.
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Error to Hillsdale Circuit. This was an action of assumpsit. After issue joined, the cause was referred by stipulation to a referee; and who found for the plaintiff. A bill of exceptions was signed, and exceptions were taken to the referee’s report. Both were overruled by the Circuit Court and the report was confirmed. The cause was removed to this court by writ of error. 1. The person appointed referee had no authority to act as such until sworn, and not having been sworn, the proceedings before him were without jurisdiction, and hence, the judgment based upon his report is erroneous. a. By…
1Opinion of the Court
Campbell J.
In this case, the parties in the court below consented to a reference of the matters put in issue by the pleadings to a referee of their own nomination, who heard the case and made his report. Exceptions were taken to it, which were overruled, and judgment was entered on the finding. The cause is now brought before this court on questions chiefly relating to the validity of the reference, and the authority of the referee.
It is first objected that the referee was not sworn. The statute does not require this, but it is claimed that the constitution of this state requires all…
2Cases cited3 opinions
- Daniels v. PeopleMichigan Supreme Court · 1859
- Chandler v. NashMichigan Supreme Court · 1858
- Tillotson v. CheethamNew York Supreme Court · 1806
3Cited by61 opinions
- Advisory Opinion Re Constitutionality of 1972 PA 294Michigan Supreme Court · 1973
- Attorney General v. JohnsonCourt of Appeals of Maryland · 1978
- Western Metal Supply Co. v. PillsburyCalifornia Supreme Court · 1916
- In Re Certified QuestionMichigan Supreme Court · 1989
- Breimhorst v. BeckmanSupreme Court of Minnesota · 1949
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