Hays v. Hays' Administrator

This case required the examination of partnership accounts, and was therefore properly referred under the provisions of article 16 of the practice act of 1849. The referee was directed to hear and decide the whole issue, and his report when filed stood as the decision of the court, “ in the same manner as if the action had been tried by the court” and his decision upon the matters referred to him was subject to be excepted to and reviewed in like manner. (Art. 16, § 3; Walton v. Walton, 17 Mo. 377.)

The second and third sections of the 15th article regulate the mode of trial by the court and…