Rice v. Benedict
Michigan Supreme Court
Error to Jackson Circuit. This was an action of debt founded upon a judgment. The case was referred to referees who filed their report. The case was submitted to the court on exceptions, filed by defendant in error. The exceptions were sustained, the report was set aside, and a judgment rendered for plaintiff below.
1Opinion of the Court
Per Guricm.
In this case, the suit haying been referred under the statute, and the report of the referees haying been excepted to, the Circuit Court instead of confirming it in whole or in part, set it aside altogether, and then without any further trial or reference back, gaye judgment for plaintiffs for $646.32 damages, with costs.
This was unauthorized by law. As soon as the report was set aside, the case stood in the same predicament as if the verdict of a jury had been vacated, and until a' new trial should- be had before the Court or a jury or referees, there was nothing left to act upon.…
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