Elder v. McLane

Citations

• 60 Tex. 383
• 1883 Tex. LEXIS 343

Syllabus

<p>1. Pleading—Referee.— A charge that a referee refused to’hear evidence offered by one of the parties, without stating the materiality of the evidence, and what it was, is bad on exception. A report made by a referee stands upon the same footing as the verdict of a jury.</p> <p>2. Pleading.—Where a recovery of land is based on the report of a referee, to whom the parties had agreed to submit the question of the true location of a line, with a stipulation that the referee should examine that line, an answer charging that the referee did not examine the line is good on demurrer ; nor is the fact material that the report of the referee shows that he made the examination as required.</p> <p>3. Objections.— An objection to the report of a referee that the referee could only act in the event another first cliosen declined to act, and that his report or award could not be received until it was shown that the one first selected declined to act, comes too late when made for the first time on appeal.</p>