Martin v. Pribil

The action was by the payee of a promissory note against the makers thereof. The trial judge submitted the cause to a referee, who received evidence, returned findings of fact, conclusions of law and a recommendation that judgment be entered for the defendants. The trial judge adopted, confirmed, and approved the referee’s findings of fact and conclusions of law, and entered judgment for defendants, from which judgment the plaintiff appeals.

The plaintiff’s contention is that the referee erred in a conclusion of law concerning the burden of proof. If the referee erred in this connection, then…