Tryon v. Stratton (1856) · DecisionDepot

Tryon v. Stratton

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jan 22, 1856 No. No. 924Published

Before: Terry, Tleydenfeldt

AI Brief

AI-generated · verify before citing

Holding. A referee's report must state the facts found and the conclusions of law to ensure parties are not subject to arbitrary decisions.

Issues

Whether a referee's report must state the facts found and the conclusions of law.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“the report of a referee like the finding of a court should state the facts found and the conclusions of law.”

“Without this the parties would be remediless and their rights concluded in many cases by the arbitrary decision of a referee.”

Synopsis

APPEAL from Eleventh Judicial District, Yolo County.

TERRY. J. — The report of the referee in this case does not state the facts found by him. In the case of Lambert v. Smith & McGHlrey, 3 Cal. 408, the court held “that” the report of a referee like the finding of a court should state the facts found and the conclusions of law. Without this the parties would be remediless and their rights concluded in many cases by the arbitrary decision of a referee.

The judgment of the court below is reversed and the cause remanded.

I concur: Tleydenfeldt, J.

Tryon v. Stratton

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief