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Neil House Co. v. Shafer

Supreme Court of Ohio
Jun 12, 1929
172 N.E. 374 (Ohio 1929)

Opinion

No. 21286

Decided June 12, 1929.

Master commissioners and referees — Consent to refer to master not consent to refer to referee — Consent to limited reference cannot be enlarged into general reference.

ERROR to the Court of Appeals of Franklin county.

Mr. Smith W. Bennett, Mr. Charles J. Pretzman, Mr. James M. Butler and Mr. Claude J. Bartlett, for plaintiff in error.

Mr. W.H. Jones, Mr. C.A. McCleary and Messrs. Henderson Durbin, for defendant in error.


It is ordered and adjudged that the judgment of the said Court of Appeals and that of the court of common pleas be, and the same are hereby reversed for the reason that the action was one at law and was not referable at common law and is not referable by statute except upon consent of the parties. There was no consent of the parties to refer the case to a referee, but only a consent to refer the case to a master commissioner. The consent to refer to a master commissioner being only a consent to a limited reference, cannot be enlarged by the court into a general reference.

Judgment reversed.

MARSHALL, C.J., KINKADE, ROBINSON, MATTHIAS and ALLEN, JJ., concur.


Summaries of

Neil House Co. v. Shafer

Supreme Court of Ohio
Jun 12, 1929
172 N.E. 374 (Ohio 1929)
Case details for

Neil House Co. v. Shafer

Case Details

Full title:THE NEIL HOUSE CO. v. SHAFER, D. B. A. RICHARD H. SHAFER CO

Court:Supreme Court of Ohio

Date published: Jun 12, 1929

Citations

172 N.E. 374 (Ohio 1929)
172 N.E. 374

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