Goodrich v. Mayor & Common Council of Marysville

Citations

• 5 Cal. 430

Syllabus

<p>.A trial before a referee should be conducted in the same manner as before a Court, and the evidence should bo embodied in a bill of exceptions, and certified by the referee.</p> <p>If the order of reference fails to direct a return of the evidence to the Court, the party óbjecting to the report must see that such testimony as he relies on is properly certified.</p> <p>It is error for the Court to set aside the report of a referee, upon an examination of testimony which was not properly before it.</p> <p>The facts found in the report of a referee are conclusive in the absence of the testimony, or where the testimony is not properly brought before the Court.</p> <p>The report of a referee cannot be attacked, except for error or mistake of law, apparent on its face, or by motion for new trial upon exceptions taken at the trial, or the evidence certified.</p> <p>It would be a gross abuse of discretion for a Court to sot aside a report of a referee, correct in all its parts, without any other apparent reason than the mere volition of the judge.</p>