Williams v. Benton

In Williams v. Benton (1864) 24 Cal. 424, the California Supreme Court construed the corresponding substantially identical provisions of sections 182 and 183 of the Practice Act. A reference made without consent of both parties in a suit to dissolve a partnership and settle the partnership account which empowered the referee to "try all the issues, and report a finding and judgment thereon" was held beyond the power of the court. ( Id., at p. 425.) There were issues other than "the condition of the partnership accounts" ( id., at p. 426) (e.g., what the respective partners' shares were). The Supreme Court said ( id., at pp. 425-426): "The power of the Court to compel a reference is derived from the one hundred and eighty-third section of the Practice Act, and can be exercised only as therein provided . . . . "The character of the issue which may be referred is particularly described, and, by necessary implication, all issues not answering to that description are excluded from the operation of the section."