Childs v. Mayer , 1 Silv. Sup. 335 ( 1889 )

Dykman, J

This is an appeal from a compulsory order of reference made upon the theory that the trial of the action will involve the examination of a long account. An examination of the pleadings is sufficient to show that the result of the trial will be controlled by the question of warranty involved in the case; but in any view there is no such account as the law requires to justify a compulsory reference. The order appealed from should be reversed, with $10 costs and disbursements.