Gibbs v. Commercial & Savings Bank

This case was tried before a referee. He took the evidence and made findings of fact and conclusions of law' favorable to plaintiff and reported them to. the trial court, which upon the hearing made them the findings and conclusions of the court and entered judgment accordingly. The appeal is from the 'judgment. No motion for new trial was made. It is therefore! urged by respondent that the evidence is not properly before this court, and that we cannot review the sufficiency of the evidence to sustain the findings. Rule 44 of trial courts of record (40 S. D., prelim, p. 35), provides:

“The…