Deering v. McCarthy

When this cause was called for trial, the defendant, upon an intimation of the district court that his answer was insufficient, asked leave to amend, which was granted upon condition that he stipulate to try the cause before a referee if plaintiff desired. Defendant excepted to this condition, but afterwards amended his answer, and entered into a stipulation for the appointment of W. C. Bieknell as referee to “hear, try, and determine the action.” This appeal is from an order denying defendant’s motion to set aside the referee’s report, and for a new trial. Conceding, in defendant’s favor,…