Bradshaw v. Morse
Montana Supreme Court
Appeal from District Court, Cra/nite cown.ty. Theodore Bramily, Judge. Action by W. C. ¡Bradshaw against G. W. Morse for an accounting. From a judgment for defendant, plaintiff appeals. Statement of the case by the justice delivering the opinion.
Read the full summary
Appeal from District Court, Cra/nite cown.ty. Theodore Bramily, Judge. Action by W. C. ¡Bradshaw against G. W. Morse for an accounting. From a judgment for defendant, plaintiff appeals. Statement of the case by the justice delivering the opinion. It appears from the record that the parties to this suit became partners in the butcher business at the town of Philips-burg, in the county of Granite, about November, 1880, and continued to do business as such under the firm name of Morse & Bradshaw until some time in June, 1890, when the partnership was dissolved by the sale of the business to…
1Opinion of the CourtPemberton, C. J.
The appellant contends that the whole issue — in other words, the whole case — was referred to the referee f )r determination, and that, as the whole issue was submitted by order of reference to the referee, the findings of *218the referee became the findings of the court, and that the court could not modify or correct the report of the referee except on a motion for a new trial. In other words, that the court was bound .to enter judgment in accordance with the findings of the referee, and could only disapprove, correct, or modify the same on a motion for new trial after judgment. The appellant…
2Cited by4 opinions
- Ivins v. HardyMontana Supreme Court · 1950
- Murphy v. PattersonMontana Supreme Court · 1901
- McElroy v. WhitneyIdaho Supreme Court · 1906
- Miles v. MilesMontana Supreme Court · 1929