Abbott v. Mathews

■Campbell, J.

In this case, after issue joined, a reference was had by agreement, to Henry F. Severens, and he reported that plaintiff failed to appear before him at the time and place appointed, but that defendants appeared, and made proof of service of notice as returned; and that he therefore reported that a judgment of nonsuit should be entered, with costs to the defendants.

To this report plaintiff filed the following exceptions: “The plaintiff, by his attorneys, Foster & Field, comes and excepts to the report of the referee, of the law, and his. conclusions of law, made in his report in…