Robinson v. Nelson
Idaho Supreme Court
APPEAL from District Court, Ada County. The entire action of the court in re-referring the matter to Mr. Wyman was wholly without authority of law, and the judg* ment herein rendered is based upon findings of fact and com •elusions of law which never had any legal existence. It will be seen that the referee was authorized to report findings of fact •and conclusions of law and judgment, and that his findings were to cover all the issues.
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APPEAL from District Court, Ada County. The entire action of the court in re-referring the matter to Mr. Wyman was wholly without authority of law, and the judg* ment herein rendered is based upon findings of fact and com •elusions of law which never had any legal existence. It will be seen that the referee was authorized to report findings of fact •and conclusions of law and judgment, and that his findings were to cover all the issues. This being true, the report of the referee when made and filed stood as the decision of the court. (Idaho Rev. Stats. 1887, sec. 4420; Peabody v. Phelps, 9…
1Opinion of the CourtSullivan, J.
This is an action for an accounting between partners. On the twenty-seventh day of April, 1891, by agreement of counsel, this case was referred to J. H. Wicker-sham to take and report'the testimony; and on March 8, 1892, by agreement of parties, entered on the minutes of the court, Frank T. Wyman, Esq., was appointed referee to examine the evidence theretofore taken by J. II. Wickersham, state an account, report findings of fact and conclusions of law and report, a judgment therein, subject to the approval of the court. Thereafter on the thirtieth day of April, 1892, the referee presented his…
2Cases cited2 opinions
- Smith v. WarnerMichigan Supreme Court · 1866
- Arn v. ColemanSupreme Court of Kansas · 1873
3Cited by3 opinions
- United States v. RamseyU.S. Circuit Court for the District of Idaho · 1907
- Estate of Jarboe v. JarboeSupreme Court of Missouri · 1910
- Cline v. LanganNevada Supreme Court · 1909