In this case, the claim of the plaintiffs was for unliquidated damages. The defendants moved for a reference. Held: that the defendants had a legal right to a reference under the reference law of 1874, unless it was made to appear that it would be inexpedient to make such reference.
Decided 1875-08-12
¶1Reference Law — Practice.
I am not aware of any reason why this action should not have been referred; but, inasmuch as no proceedings have been had, and, by the law as amended, the case now would not be referred except on its being made to appear that it ought to be, I think the order already made should be rescinded, and the question of reference determined by the court under the existing law.
