Morey v. Warrior Mower Co.

Citations

• 90 Ill. 307

Syllabus

<p>1. Referee—statute must be pursued. The proceedings before a referee being statutory, must, in all substantial respects, pursue the statute, or they can not be sustained.</p> <p>2. Same—report must contain the evidence. The statute authorizes no report by a referee, except one containing the evidence heard, and giving the referee’s conclusions thereon, to which the parties are entitled to be heard on exceptions. If the report fails to give the evidence, no judgment can be entered on it.</p> <p>3. Same—appointment must be by the court. A referee under the statute must be appointed by an order of the court in the cause. No judgment can be rendered on the report of one appointed by the written stipulation of the parties only, though an action at law may lie on such report as a good award at common law. The referee is an officer of the court and can only be appointed under its order.</p> <p>4. Where the parties to a suit make an agreement out of court to submit the cause to a third person, and that the court shall enter judgment on the finding of such third person, though not in compliance with the statute in reference to arbitrations, or that concerning the appointment of a referee, the court may, by mutual consent, enter judgment upon the finding, but if it is objected to, the trial must proceed as at common law.</p>