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· 7/1/1862

Cappe v. Brizzolara

Citations

  • 19 Cal. 607

Syllabus

<p>A Court has power to set aside the report of a referee, and grant a new trial, on the ground that the evidence before the referee was insufficient to justify his decision.</p> <p>The provisions of the Practice Act relating to new trials are general, and vest in Courts the same power, in cases tried by a referee, as in cases tried by the Court itself, or by a jury.</p> <p>Tyson v. Wells, (2 Cal. 122) upon this point, overruled.</p>

Judges: Cope

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