Smith v. . Hicks

The action involved the taking of an account. At May Term of the Superior Court of 1889 the court entered this order of reference, neither party objecting:

"This case coming on to be heard, it is considered and adjudged by the court that this cause be referred to Neill W. Ray, Esq., under The Code, to determine all issues of law and fact, and make report to this court."

At a subsequent term the referee filed his report, whereby it appears that he found from the evidence the amount of the debt due from the plaintiff to the defendant, and the mortgage of property to secure the same, etc. At the…