Daly v. Timon

This was an action upon an account, and is among the class of cases in which the issues of fact are triable by jury. These issues, by consent of parties, were referred to a referee, and defendant excepted to his report, but it was sustained by the court and judgment rendered upon it. The case is brought here by appeal, and defendant asks us to reverse the judgment for the reason alone that the report of the referee was against the weight of evidence. The trial court had the right for this reason to set aside the report, but it is no error of law to refuse to do so. Issues triable by jury may…