Jackson v. Puget Sound Lumber Co.

This is an action for money had and received to the use of plaintiff. Defendants denied the allegations of the complaint and pleaded a counterclaim for goods sold and delivered. Such being the issue, and the whole issue, made by the pleadings, the superior court, upon and in accordance with a- stipulation of the parties, made and entered the following order in the case: “It is ordered that this action be and it is hereby transferred to Stuart S. Wright, court commissioner, for an accounting; said court commissioner to report back to this court the evidence taken, and the balance found due on said accounting.” In pursuance of this order, the parties appeared before Hr. Wright and submitted evidence as to their mutual demands. Various objections were made to offered evidence, but none were ruled upon by the commissioner, the evidence being admitted subject to the objections which were reserved for consideration of the court upon the final hearing. After the matters in controversy before the commissioner were submitted for decision, he resigned the office of court commissioner, and subsequently reported findings of fact and conclusions of law to the effect that the defendants had…