Simpson v. Gregg

Lake, Ch. J.

Judgment was rendered in this case in the court below, as is admitted, although it does not affirmatively appear from the record, upon the report of a referee, to whom the cause was referred generally. To the report of the referee several exceptions were filed, but what disposition was made of them by the court does not appear. Neither does the record show that any exceptions were taken to any action of the court, save the final judgment.

In order to have a review of the decisions of a referee under the code, a motion for a new trial must be filed, precisely the same as where the…