Northrup National Bank v. Webster Refining Co.

The opinion of the court was delivered by

Smith, J.:

The several assignments of error in this case are that the court erred’in approving findings of fact made by the referee and the conclusion of law drawn therefrom. No motion for new trial was filed.

Where a referee is appointed to take the evidence and report the facts in an action, the evidence is usually taken out of court and in the absence of the judge. In such case the court does not review the evidence, but renders judgment in accordance with the report of the referee unless objection thereto is made, and error can not be here predicated…