Opinion
The appeal was taken by the plaintiff in this cause, from an order setting aside the report of a referee to take an account, and the judgment entered thereon in favor of plaintiff.
COUNSEL
Hager & Sharp, for Appellants.
Bristol & Spencer, for Respondents.
JUDGES: Mr. Justice Heydenfeldt delivered the opinion of the Court. Mr. Justice Terry concurred.
OPINION
HEYDENFELDT, Judge
Where a referee is appointed merely to take an account between two parties, he bears simply the relation to the Court in which the case is pending, of a master in chancery under the English system. His report, stating the account, may be excepted to, and the exceptions sustained, or overruled; but whatever may be the order of the Court upon them, such order is merely interlocutory, and is not the subject of appeal before final judgment or decree; after final decree the action of the Court may be reviewed. This is a totally different case from that of a referee appointed, in the stead of the Court, to try and determine the cause.
Appeal dismissed.