In Re McCue

This court undoubtedly is committed to the rule that “while the findings of the referee are not absolutely conclusive, they are to be given the same dignity as a special verdict by a jury or the findings of a trial court, and whenever they depend upon conflicting testimony, they will be treated as unassailable if there is any substantial evidence to sustain them.” (In re Lunke, 56 Mont. 226, 182 Pac. 126; In re Griggs, 74 Mont. 373, 240 Pac. 820.)

When there is no substantial conflict in the evidence a case is stripped of questions of fact, and it remains to determine the questions of law…