Coates

The questions raised on appeal are technical and without substantial merit. Certain causes of action were consolidated and tried together, these being claims for building materials and labor furnished and used in the construction of a five-unit bungalow on the property of the defendants Coates. The prayer was for judgment against the contractor and for the fixation of a lien upon the property of the owners for the several items found due*. Issues were made up; the contractor defaulted and, as to certain of the plaintiffs, judgment was given impressing a lien upon the property, from which the defendants Coates alone have appealed.

When the case came up for trial, the court of its own motion, and over the objection of appellants, referred it to one Robert E. Abbott, an attorney at law, as a referee. The language of the order is not in the record. The bill of exceptions recites, however, that the “court, upon its own motion, announced that a reference would be made to try any and all issues of fact and law arising under the issues made by the pleadings herein . . . ”. The referee heard the evidence at length and reported the same to the court. The court conducted a hearing thereon,…