Califf v. Hillhouse
Supreme Court of Minnesota
There were two causes entitled as above, which were actions of replevin in the District Court of Dakota County, the property in controversy in each being a quantity of cord wood. The issues joined in the two actions were referred to a referee, who reported a general finding for the Defendant, and an assessment of the value of the property in controversy in each case. Judgments were entered upon the reports, and the Plaintiff appeals therefrom.
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There were two causes entitled as above, which were actions of replevin in the District Court of Dakota County, the property in controversy in each being a quantity of cord wood. The issues joined in the two actions were referred to a referee, who reported a general finding for the Defendant, and an assessment of the value of the property in controversy in each case. Judgments were entered upon the reports, and the Plaintiff appeals therefrom. The record in each case contains a Rill of Exceptions, as settled by the referee, upon which motions were made to sot aside the reports, and for new…
1Opinion of the Court
By the Court
— Flandbau, J.
It is quite clear that the report of the Referee in this case, is very defective, in not finding the facts established by the evidence, and the conclusions of law consequent upon the facts found, separately. The object of a division of the facts from the legal conclusions,, is, that the Court may determine whether the former justify the latter. The report in this case amounts to, simply, a general finding for the Defendant, and an assessment of the value of the property in controversy. Such a finding by a jury would give all the controverted facts upon which evidence…
2Cases cited3 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Mann v. Eckford's ExecutorsNew York Supreme Court · 1836
- Merritt v. SeamanNew York Supreme Court · 1849
3Cited by4 opinions
- Combs v. CooperSupreme Court of Minnesota · 1861
- McMurphy v. WalkerSupreme Court of Minnesota · 1874
- Mathews v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1872
- Englebrecht v. RickertSupreme Court of Minnesota · 1869