E. M. Biggs Tie & Store Co. v. Arlington Land Co.

Citations

• 25 N.M. 613
• 186 P. 449

Syllabus

<p>SYULABUS BY THE COURT</p> <p>1. A motion, which so far as appears from the record was never decided below, presents no question for decision in the appellate court. P. 617</p> <p>2. Where a case is referred to a referee and one of the parties contends that the case cannot properly be referred and that he is entitled to a jury trial, it is the duty of such party, prior to a hearing and report by the referee to move the court for. an order vacating' the reference and to award him a trial by jury. P. 617</p> <p>3. Objections that a case is not properly referable and that a party is entitled to a jury trial should be made to the court and not to the referee. P. 617</p> <p>4. Section 4239, Code 1915, which provides for the appointing of a referee and further provides that such referee shall complete the hearing- within three months, unless otherwise ordered or the time be extended by the court for good cause shown, is mandatory; and a referee must complete the hearing within three months from the date of his appointment unless the order of appointment otherwise provides or the time is extended by the court. P. 619</p>