Chandler v. Merchants & Mechanics National Bank

1. The court properly overruled the defendant’s motion to strike from the auditor’s report all findings of law, based upon the ground that in a case at law as distinguished from one in equity the powers of an auditor are limited to reporting “ the result to the court" merely by findings of fact. Section 5129 of the Civil Code (1910) expressly provides that “ in all cases, unless modified by the order of appointment . . the auditor shall have power to . . pass upon all questions of law and fact,” and section 5133 further provides that the auditor in his report shall “ classify and state his…