Neely v. Naglee

This was an action upon an account for work and labor performed by the plaintiff and his wife, for goods sold, money paid, etc. The case was, by stipulation of the parties and order of the Court, referred to a referee to take the testimony and report the same to the Court. The referee took the testimony, duly reported the same, the Court filed its findings therein in favor of the plaintiff, and judgment was rendered accordingly, from which the defendant appeals.

The stipulation of the parties provides that five days’ notice of the time and place of taking the testimony by the referee should be…