Shain

This action was brought by plaintiff as assignee of Knowls and Company to recover $667.17 for goods, wares, and merchandise, alleged to have been sold by said Knowls and Company to defendant. The plaintiff recovered a judgment for the full amount demanded, and from this judgment and an order denying his motion for a new trial the defendant appeals.

The court made an order referring the case to one W. H. Barrows “to take the proof of all material allegations in the *487 complaint, and to report the same to the court.” This order does not appear to have been made by consent, and the action was not of such a character that the court was authorized to make the order without the consent of the parties. The parties, however, appeared before the referee without objection and submitted their testimony, and no objection to such order was ever made in the superior court. Under these circumstances the appellant must be held to have waived all objections to such reference.

This court will not undertake to review the action of the trial court in making an order of reference in the absence of an exception thereto by the party complaining of such ruling. (Joshua Hendy Machine Works v. Pacific…