ERVIN, Justice.
The order refusing a reference shows on its face that the court denied the motion for a compulsory reference as a matter of discretion. This being so, the appeal necessarily proceeds on the assumption that the court should have granted a compulsory reference because the defendant was entitled to demand that mode of trial as a matter of right in the action at bar.
The statute which controls the granting of compulsory references is embodied in...
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