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Civil Procedure Keyed to Friedenthal
In re Peterson
Citation:253 US 300 (1920)
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The district court appointed an auditor to conduct a preliminary hearing to determine amounts due for sold and delivered coal. The order appointing the auditor stated that it was not a final determination, but did not specify what use the auditor’s report would have at trial. Peterson petitioned for a writ of mandamus or prohibition challenging the district court’s appointment of the auditor, and to have the auditor’s expenses treated as costs. He also claimed that the appointment of the auditor violated his Seventh Amendment jury trial right.
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