Weavering

This is an action brought to dissolve a copartnership and to obtain a settlement of the partnership accounts.

The record is in a confused condition. Briefly, it appears that the case was tried upon issues framed by the complaint and the answer and counterclaim of the defendant. On those issues, with one or two unimportant exceptions, the court found in favor of the plaintiff. One of its findings was to the effect that before a final judgment could be entered in the action it was necessary for the information of the court that an account be taken of the dealings and transactions between the parties, and a referee was appointed for that purpose. Thereafter, the referee being in doubt—or assuming that the reference was general—prepared and filed findings of fact and conclusions of law, according to which the clerk of the court entered judgment in favor of the plaintiff and against the defendant in the sum of $4,012.79; but the next day the court itself adopted the findings and conclusions of the referee and rendered judgment thereon, which also was duly entered. Several months thereafter the defendant appealed from the judgment entered by the clerk upon the report of the referee,''…