Southern Maryland R. v. Moyer

Citations

• 125 Pa. 506
• 17 A. 461
• 1889 Pa. LEXIS 743

Syllabus

<p>1. ' Where a cause is submitted to a referee under the act of May 14, 1874, P. L. 166, the referee has exclusive jurisdiction to pass upon exceptions to his report, and if either party neglect to have exceptions noted to the rulings, he is held to have acquiesced therein.</p> <p>2. A writ of error, in such proceeding, brings up only questions of law, and this court cannot review the findings of fact by the referee except where the assignment of error is such as could have been heard and determined if the trial had been before a jury according to the course of the common law.</p> <p>8. Nor can this court consider the weight or the conflict of the0evidence, or the veracity of witnesses: if the evidence is relevant and proper and the findings of fact are reasonably to be inferred therefrom, in the absence of fraud the report of the referee must be accepted as true and correct.</p>