Sutterfield v. Magowan

Citations

• 12 S.D. 139
• 80 N.W. 180
• 1899 S.D. LEXIS 93

Syllabus

<p>1 A referee’s report should state all rulings made by, and all exceptions taken before, him, and all material evidence offered on matters excepted to.</p> <p>2. Where no bill of exceptions or statement of the case is settled, there is no record before the appellate court but the judgment roll.</p> <p>3. Where a referee’s report fails to state all rulings made by, and all exceptions taken before, him, or all material evidence offered on a matter excepted to, the remedy is by motion to require him to supply the defects, and not by motion for a new trial.</p> <p>4. Defects of a referee’s report, consisting in not stating all rulings made by or all exceptions taken before, him, or in failing to state all material evidence offered on a matter excepted to, are not covered by a notice of intention to move for a new trial upon affidavits and minutes of a court, designating as grounds therefor insufficiency of evidence, errors of law occuring at the trial, and newly-discovered evidence.</p>