Kimberly v. Arms
129 U.S. 512 (1889)

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U.S. Supreme Court

Kimberly v. Arms, 129 U.S. 512 (1889)

Kimberly v. Arms

No. 169

Argued January 21-22, 1889

Decided March 5, 1889

129 U.S. 512

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES

FOR THE NORTHERN DISTRICT OF OHIO, EASTERN DIVISION

Syllabus

It is not within the general province of a master in chancery to pass upon all the issues in a cause in equity; nor is it competent for the court to refer the entire decision of a case to him without consent of the parties.

When the parties consent to the reference of a case to a master or other officer to hear and decide all the issues therein, both of fact and of law, and such reference is entered as a rule of court, it is a submission of the controversy to a special tribunal, selected by the parties, to be governed in its conduct by the ordinary rules applicable to the administration of justice in tribunals established by law, and its determinations are not subject to be set aside and disregarded at the discretion of the court.

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