Graienola State Bank v. Whitson

KANE, J.

This is a companion ease to No. 9950, Grainola State Bank, Plaintiff in Error, v. Bert Shellenberger, Defendant in Error, in which an opinion has just been handed down. The causes were tried together below by the same referee, and the sole question presen ted. for review is, that the trial court committed error m referring the cause.

In the Shellenberger Case we hold that the pleadings and evidence disclose a cause where the trial of an issue of fact required the examination of mutual accounts, and-therefore are referable under section 5019, Rev. Laws 1910.

Upon the authority of that' case, the judgment of the trial court is affirmed.

HARRISON, C. J., and JOHNSON, MILLER, and KENNAMER, JJ., concur.