Whaley v. Houser , 18 S.C. 602 ( 1882 )

Opinion by

Me. Justice McGowan,

1. A finding of fact by referee, overruled by the Circuit judge, sustained.

2. A matter material to the issues and not passed upon below, left open for further investigation.

3. One not a party to the cause, even if examined as a witness-at the hearing, is not bound by a judgment therein. Circuit decree of Mackey, J.,

reversed.,,