Practice — Report of Referee. Civil ActioN, tried at Fall Term, 1876, of Henderson; Superior Court, before Henry, J. The plaintifl’ demanded the payment of $446.88 and interest, alleged to be due by defendants for merchandise sold •-.and delivered at the request of defendant Nathan McMinn to the other defendants who assumed the payment of said (sum. An answer was filed denying the amount of the debt and 1-an order made to refer the case to M. M. Patton to state an ••account.
Decided 1877-01-05
Haircloth, J.
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This is an action against three defendants 'for the value of goods sold and delivered to two of the defendants and their families. An account was stated under :.a reference and a report made, to which the other defendant ffiled exceptions, which were overruled and judgment ren
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dered for plaintiff against 'all the defendants, from which? ruling the third defendant appealed to'this Court. The? record shows only a meagre account of the transactions between the parties. No fact is found by the referee fixing; any liability for the debt on the appellant, nor do we disr cover any sufficient evidence to authorize a judgment against; the defendant Nathan McMinn. As to him .there is error.
