McHenry v. Moore

Citations

• 5 Cal. 90

Syllabus

<p>A Court can interfere and set aside the report of a referee, upon the same ground as it will proceed to set aside the verdict of a jury.</p> <p>In a suit in chancery it is perfectly competent for the Judge who tried the cause, after exceptions have been filed to the report of a referee upon the facts, and the report set aside for cause shown, to take up the testimony reported by the referee, find the facts, and render a decree in the cause.</p> <p>Where there is a large mass of contradictory evidence reported, it will be presumed that the Court below weighed the evidence properly, in setting aside the finding of the facts by the referee.</p>