Thompson v. . Smith

We bave in tbis case a voluminous record and elaborate briefs upon several very interesting questions, involving tbe merits of tbe cause, and yet we must remand it to tbe court below for another bearing because of wbat tbe learned and able judge said at tbe time be beard tbe case, indicating tbat be would not, independently as a judge, examine tbe evidence for tbe purpose of forming a conclusion as to tbe facts, where the findings of tbe referee bad been tbe subject of exceptions, but only for tbe purpose of ascertaining if there was any evidence to sustain tbe referee’s findings, and if…