Thompson v. Willette

ARCHIBALD, Justice.

When litigants agree to refer a case reserving the right to object to the referee’s report, fail to object when the report is offered for acceptance, but seasonably appeal from a judgment based on the referee’s report claiming that the findings of the referee were "clearly erroneous,” has the right to appellate review been properly preserved ?

Plaintiffs instituted a complaint alleging trespass by the defendants, who counterclaimed alleging trespass by the plaintiffs. The decisive issue was the location of the common boundary line between their respective properties. An…