O'Leary v. Fargher

By the Court,

Watson, C. J.:

The decree appealed from was entered upon the report of a. referee as modified by the court. The appellant contends, upon authority of Fahie v. Lindsay, 8 Or., 474, that the lower court was not justified in modifying the referee’s report; that such report as to the facts had the force of a special verdict under sections 226 and 397 of the Code, on the motion to set aside, and that some effect must be accorded it on the trial in this court. But whatever effect such a report in a suit in equity should be held to possess on the trial in the lower court, we are…