17 Mo. 376 | Mo. | 1852
delivered the opinion of the court.
This was a petition filed by the plaintiff in error against the defendant in error, the object of which was to obtain the settlement of the concerns of a partnership business in keeping a livery stable. After an answer was filed, the cause was ordered to be referred to Micajah Tarver, Esq., by the consent of parties ; and it was further ordered that he make a report of his proceedings without delay. The referee, in pursuance to this order, made a report, stating a balance in favor of the plaintiff ; the case was referred back to the referee, who again reported an increased sum for the plaintiff. These reports
The proceedings in this case seem to be a compound of these different modes of procedure, and create great embarrassment. While there was an order of reference of the whole issue, the court had no authority to review the finding but in the manner pointed out by the code. If the order of reference could be disregarded, and the issue tried by the court, then the facts must all be found by the court, as in cases where the trial is regularly submitted to it.
The other judges concurring, the judgment is reversed and the cause remanded.