Kimball v. Lyon
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Action for stone and rock sold and delivered, and for work and labor done. Findings and judgment for plaintiff. Defendants appeal. Plaintiff also assigns cross-errors.
1Opinion of the CourtJustice Elliott
1. The trial of the issues in this action required the examination of long accounts. The cause was accordingly referred to William H. Bryant, Esq., au attorney of the court, “to take testimony herein and report the same, together with his findings of fact and conclusions of law thereon.” This was equivalent to a reference, with directions to the referee to *267hear and decide the whole issue. Code, chap. 16, §§ 204, 209, 212.
The cause was tried upon the testimony of witnesses examined orally before the referee, as well as upon books of account and other documentary evidence. The referee having…
2Cases cited4 opinions
- Sieber v. FrinkSupreme Court of Colorado · 1883
- Jackson v. AllenSupreme Court of Colorado · 1878
- Miller v. TaylorSupreme Court of Colorado · 1881
- Campbell v. ShilandSupreme Court of Colorado · 1890
3Cited by9 opinions
- Noble v. FaullSupreme Court of Colorado · 1899
- United Water Works Co. v. Farmers' Loan & Trust Co.Colorado Court of Appeals · 1898
- Johnson v. JohnsonColorado Court of Appeals · 1903
- Groth v. KerstingColorado Court of Appeals · 1894
- United Water Works Co. v. Farmers' Loan & Trust Co.Colorado Court of Appeals · 1898
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