Anderson v. . McRae

Stacy, O. J.

The record states that “his Honor did not . . . pass upon the exceptions,” and in effect that he approved the factual findings of the referee, with two slight changes, because they were “supported by the evidence.” This is not in keeping with the usual practice in such cases.

True, in a consent reference, upon exceptions duly filed, the judge of the Superior Court, in the exercise of his supervisory power and under the statute, 0. S., 578, may affirm, amend, modify, set aside, make additional findings, and confirm, in whole or in part, or disaffirm the report of a referee.…