Colden & Co. v. Cole

The opinion of the court was announced by

Wright, Ch. J.

Where a cause, triable according to the first method of hearing equitable issues, was, by consent of parties in open court, referred to referees, “ both as to law and fact, with full powers to settle the issues,” and to “ make a report of their findings at the next term; ” and the said referees did afterwards find the “ultimate facts ” in favor of plaintiffs, and that, as matter of law, the relief asked should be granted, but did not return any of the evidence taken before them; and where, in the District Court, there was no effort made…