MacOn v. Murray

A perusal of the record discloses that each finding of fact embodied in the report has some support in the testimony taken before the referee and reported by him to the court. Moreover, the conclusions of law of the referee are sound if the facts found by him reveal the truth in respect to the controversy between the parties. Notwithstanding these observations, the judgment must be vacated and the cause remanded to the Superior Court for further proceedings for the reason that the court below abdicated its judicial function when it overruled the exceptions of the defendants to the report of…