Lee v. State ex rel. Templeton

Bicknell, C. C.

— This was an action by the State, on the relation of an administrator, de bonis non, against his predecessors and their sureties on their official bond. It was tried before a master commissioner, under the following order: “Come now the parties herein, by their attorneys and by agreement of parties, this cause is now referred-to the master commissioner for finding.”

Where the reference is merely to report the evidence and *258the facts, or to report the facts only, that is merely a mode of enabling the court to arrive at the facts. Hauser v. Roth, 37 Ind. 89; Stanton v. State, ex…