Johnston v. Dopkins
JOHNSTON v. DOPKINS
- Area
- civil
- Panel
- Solomon Heydenfeldt (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Heydenfeldt
Mr. Justice Heydenfeldt delivered the opinion of the Court.
Mr. Justice Terry concurred.
Where a referee is appointed merely to take an account between two parties, he bears simply the relation to the Court in which the ease is pending, of a master in chancery under the English system. His report stating the account may be excepted to, and the exceptions sustained, or overruled; but whatever may be the order of the Court upon them, sucl^ order is merely interlocutory, and is not the subject of appeal before final judgment or decree; after final decree, the action of the Court may be reviewed. This is a totally different case from that of a referee appointed, in the stead of the Court, to try and determine the cause.
Appeal Dismissed.
Cited by
- Ellsworth v. Ellsworth L. A. 22906 · 1954-04-20
- Baker v. Baker · 1858-07-01