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Tryon v. Stratton

1 Cal. Unrep. 14 Court Cal. Decision date 1856-01-22 Docket No. 924 English

Judges I concur: Tleydenfeldt, J.

Delivered by TERRY. J.

Contents

Majority

p. 14
JAMES TRYON, Respondent, v. DECATUR STRATTON and L. B. VAIL, Appellants.
No. 924;
January 22, 1856.

Headnote

Reference. — A Referee must, in His Report, state tlie facts found and the conclusions of law.
APPEAL from Eleventh Judicial District, Yolo County.
Cross & Thompson for respondent; Reed & Aukeny for appellants.

— The report of the referee in this case does not state the facts found by him. In the case of Lambert v. Smith & McGHlrey, 3 Cal. 408 , the court held “that” the report of a referee like the finding of a court should state the facts found and the conclusions of law. Without this the parties would be remediless and their rights concluded in many cases by the arbitrary decision of a referee.

The judgment of the court below is reversed and the cause remanded.

I concur: Tleydenfeldt, J.

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