Williams v. Benton.

Citations

• 24 Cal. 424

Syllabus

<p>Reference. — In an equity case, where the trial of an issue of fact is involved, requiring the examination of a long account on either side, the Court may order a reference, with directions to the referee to report upon the account, or any issue of fact involved in the account.</p> <p>Referee—Power to Appoint.—The Court has no power, without the consent of the parties, to order a reference for the tidal of any other issue of fact than that involved in the examination of an account in an equity case.</p> <p>Same.—The Court has no power, where either of the parties object, to order a reference with directions to the referee to report a judgment.</p> <p>Same.—In an action to dissolve a partnership and obtain a settlement of the partnership accounts, the Court has power to order a reference for the trial of all the issues of fact relating to the condition of the partnership accounts, but it has no power, if objection is made, to order a reference of the trial of any other issue or issues in the case, nor to direct the referee to report a judgment.</p>