Peck v. Yorks

T. R. Strong, Justice.

The report of the referees, dated June 6, 1855, is defective, in omitting to state the facts found, as required by § 272 of the Code in relation to trials before referees, which prescribes that the referees must state the facts found by them and the conclusions of law separately. The defect is a material one. It is highly important to an intelligent review of the decision of the referees that the facts found by them should clearly appear. Ordinarily, in cases of such *417defects, an order, such as has been obtained in this case, that the referees make a further report,…