Stone v. Merrill
Wisconsin Supreme Court
APPEAL from the Circuit Court for Booh County. Action upon contract. After issue joined, the attorneys for the respective parties appeared in court, and announced that they had agreed upon a reference of the case to John B. Bennett, Esq., to hear, try and determine the issues and report his findings thereon.
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APPEAL from the Circuit Court for Booh County. Action upon contract. After issue joined, the attorneys for the respective parties appeared in court, and announced that they had agreed upon a reference of the case to John B. Bennett, Esq., to hear, try and determine the issues and report his findings thereon. It appears that the judge thereupon orally directed a reference to Mr. Bennett; but no such direction was entered in the minutes of the court, nor any written order of reference made, filed or entered of record. The record also fails to show any written stipulation or consent of the…
1Opinion of the CourtCole, J.
The learned counsel for the appellant insists that the circuit court erred in confirming the report of Mr. Bennett, and directing judgment thereon, for the reason that the cause had never been referred to him to try and determine. The counsel claims that it was absolutely essential to the regularity of the subsequent proceedings before the referee, that the court in which the action was pending should make and enter an order, founded on the consent of parties, directing a reference and appointing the referee; and that, as the record fails to show any such order or consent, Mr. Bennett had no…
2Cases cited2 opinions
- Bonner v. McPhailNew York Supreme Court · 1860
- Mead v. WalkerWisconsin Supreme Court · 1863
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