Mead v. Walker

On the 24th day of December, 1862, the circuit court made an order in this action referring it to a referee to hear try and determine. On the 20th day of January, 1863, a bill of exceptions on the part of the defendant below to the ruling and order of reference was signed by the circuit judge, and made part of the record. On the same day the defendant .appealed from that order, but gave no such undertaking as was *519required to stay proceedings. The referee proceeded ex parte, took testimony on the part of the plaintiff, made his report, and the circuit court, on the 18th day of May, 1863, and…