
    No. 1306.
    Whaley v. Houser.
    April Term, 1882.
    November 27th, 1882.
    
      Glover & Glover, Izlar & Dibble, for appellant. J. D. Pope, Pión & Barron, contra.
   Opinion by

Me. Justice McGowan,

1. A finding of fact by referee, overruled by the Circuit judge, sustained.

2. A matter material to the issues and not passed upon below, left open for further investigation.

3. One not a party to the cause, even if examined as a witness-at the hearing, is not bound by a judgment therein. Circuit decree of Mackey, J.,

reversed.,,  