Baker v. Baker

Citations

• 10 Cal. 527

Syllabus

<p>The whole issue in divorce cases can not, even by stipulation of parties,be referred; and where a reference is had, the referee can not pass upon the testimony. If he make any statement or finding of facts, the Court is obliged to disregard it, and base its decree only upon the legal testimony taken.</p> <p>The referee in divorce cases, under the statute, is simply a master to take testimony.</p> <p>An order setting aside the findings of a referee in a divorce case, and sending the case back to the referee for further testimony, is interlocutory in its character, and not the subject of appeal.</p> <p>Interlocutory orders are appealable only in the special cases provided by law.</p>