Thompson v. Howe

Decided October 12, 1874

Supreme Court of Minnesota · decided 1874-10-12

Appeal by defendant from a judgment of the district court for the counties of Watonwan, etc., entered upon the report of a referee. The only evidence returned to this court is contained in a statement certified by the referee to be ‘ ‘ the evidence and the whole thereof, in substance, adduced upon the trial in said action before me,” — the return containing no case or bill of exceptions.

Relies on Robinson v. Bartlett

Decided 1874-10-12

By the court.

¶1The “ statement of evidence adduced upon the trial,” although certified by the referee, was not embraced in any settled or agreed case or bill of exceptions, and therefore forms no part of the record, and was improperly included in the return, and must be stricken therefrom. Robinson v. Bartlett, 11 Minn. 410.

¶2The only question remaining to be considered is whether the referee’s findings of fact sustain his conclusions of law, and the judgment entered on his report. It is too plain to require argument that this question must be answered in the affirmative.

¶3Judgment affirmed.