Berning v. Giese

Defendants contend that the referee’s findings are against the clear preponderance of the evidence, but a reading of the record satisfies us that there is ample credible evidence to support them.

The judgment must be affirmed, however, on the ground that defendants failed to present the alleged errors of the referee to the trial court.

The referee’s report was filed on October 20, 19S5. Notice of motion for confirmation of the report, setting the time for hearing thereon at 9 a. m. on December 1, 1955, was duly served on defendants’ attorney on November 9, 1955. Neither the defendants nor their…