Colter v. Lowe

This is an action to foreclose a mechanic’s lien. The trial court made an order of reference, authorizing the referee to summon and swear witnesses, take their testimony and report the same to the district court with findings of fact and conclusions of law. The district court ordered that the action be beard at 2: 00 o’clock n. M. on the date on which the order of reference was made. The defendant John C. Lowe made special appearance before the referee and objected to bis jurisdiction and right to bear the case on the ground, among others, that no notice of bearing bad. been given as required…