Viking Exploration, Inc. v. Trefethen

Plaintiff appeals from the judgment in this “replevin” and accounting action, arising out of the termination of the parties’ joint venture. Plaintiff makes 17 assignments of error, few of which merit discussion.

The matter was at first referred to a referee, Richard Elam, pursuant to ORCP 65. Plaintiffs first assignment is that the trial court erred by conducting a “trial de novo,” rather than accepting the referee’s findings.1 The reason for that procedure was either that the parties stipulated, or the court understood them to have stipulated, to a trial by the court, rather than its…