Roberts v. Carter

By the court—Davies, Justice.

We think this case is not before us in proper 'form: The report of the referee should have stated the facts found 'aiid the conclusions of law separately. (Otis agt. Spencer, 16 N.Y. R. 610; Hunt agt. Bloomer, 3 Kernan, 341; Johnson agt. Wheelock, id. 344.)

*525Assuming the referee had stated the facts correctly, we see what facts he has found, and with that finding we cannot interfere, unless clearly against the weight of evidence, or is in direct violation of some rule of law. (Davis agt. Allen, 3 Coms. 168; Murfey agt. Brace, 23 Barb. 561.)

The latter case enunciates…