87 P. 523 | Or. | 1906
delivered the opinion.
Tliis is an action at law to recover money. After the issues had been made up, it was referred to a referee to “make and report findings of fact and conclusions of law,” because the trial would involve the examination of a long account on both sides. The evidence was taken by the referee, but he failed or neglected to make and report any findings of fact or conclusions of law, and some three y^ears after his appointment he was ordered by the court, on plaintiffs motion, without notice to the defendant, to return the record, including the testimony taken before him, which was done accordingly. The court thereupon, against the protest of the defendant, and over its objection and exception, proceeded to a trial of the cause without the intervention of a jury. Findings and judgment were made and rendered in favor of the plaintiff, and defendant appeals.
It follows from these views that the court was in error in trying the cause over the objection of the defendant, and for such error the judgment is reversed, and the cause remanded for such further proceedings as may be proper, not inconsistent with this opinion. Reversed .