Oliver v. Townsend
Supreme Court of Iowa
Appeal from Polk District Court. Action on replevin bond. Under section 8089 of tbe Revision of 1860, tbe cause was referred for trial to W. H. McHenry, Esq., sole referee. On tbe coming in of his report (which was in favor of tbe plaintiff), the defendants excepted to tbe same, and moved to set it aside. These motions being overruled, tbe defendants again excepted, and tbe court having rendered judgment on tbe report, they appeal.
1Opinion of the CourtDillon, J.
I. The statute provides (Rev., § 8094); “ that tbe trial by referees shall be conducted in tbe same manner as by tbe court,” and that their report “ shall stand as tbe finding of a court, except as otherwise provided in equitable actions, tried by tbe first method.” § 3095.
Tbe presumption is, that tbe proceedings before tbe referee were correct. If be makes an erroneous ruling of law, tbe party against whom it is made should except, and *432preserve the exception, in- the same manner as if the trial were before the court. If the unsuccessful party claims that the findings of fact are against…
2Cases cited3 opinions
- Miles v. DavisSupreme Court of Missouri · 1854
- Winter v. HiteSupreme Court of Iowa · 1856
- Savage v. MeriamIndiana Supreme Court · 1822
3Cited by2 opinions
- Edwards & Beardsley v. Cottrell & BabcockSupreme Court of Iowa · 1876
- Grimmell v. WarnerSupreme Court of Iowa · 1866