Murphy v. Patterson
Montana Supreme Court
Appeal from District Court, Choteau County; Dudley Du Bose, Judge. Action by James T. Murphy and another against George D. Patterson. From a judgment in favor of plaintiffs, defendant appeals. Statement of the Case. Action for dissolution of partnership and an accounting.
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Appeal from District Court, Choteau County; Dudley Du Bose, Judge. Action by James T. Murphy and another against George D. Patterson. From a judgment in favor of plaintiffs, defendant appeals. Statement of the Case. Action for dissolution of partnership and an accounting. Under stipulation of parties, cause was referred to David G. Brown as referee to take testimony, state an account between the partners, and report to the court testimony taken with certain findings of fact thereon. Stipulation further provided that a decree of dissolution might be entered by the court, all objections to such…
1Opinion of the CourtJustice Word
The first question we will consider is whether or not the court below erred when it disregarded the findings of the referee, and made its own findings of fact and conclusions of law.
Counsel for appellant argue that under the. stipulation entered into between the parties to the action, and by virtue of which the cause was referred, Brown, the referee, was empowered to hear, try, and determine the issues presented, and to make his findings of fact, and report the same to the court; and that under these circumstances the referee became a special tribunal, and therefore ‘ his findings of fact…
2Cases cited14 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Davis v. SchwartzSupreme Court of the United States · 1895
- Basey v. GallagherSupreme Court of the United States · 1875
- Quinby v. ConlanSupreme Court of the United States · 1882
- Bremmerman v. JenningsIndiana Supreme Court · 1885
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3Cited by6 opinions
- State ex rel. Nissler v. DonlanMontana Supreme Court · 1905
- Ivins v. HardyMontana Supreme Court · 1950
- Courtney v. Daly Bank & Trust Co.Montana Supreme Court · 1905
- Murphy v. PattersonMontana Supreme Court · 1901
- McElroy v. WhitneyIdaho Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.