General
PAULI vs. CARSS
2 Cal. Dist. Ct. 132·San Francisco District Court·1858·CA
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Opinion
PAULI vs. CARSS.
Fourth District Court for San Francisco Co.,
Feb. T., 1858.
MOTION TO SET ASIDE REFEREE’S REPORT — EXCEPTIONS.
Where a motion is made to set aside the report of a referee, the moving party must file with the papers, when they are submitted, his exceptions to the report, or some statement of the grounds upon which he relies to sustain his motion.
On motion to set aside the report of a referee. The referee found in favor of plaintiff, and defendant moved to set the report aside, hut did not file any statement of the grounds relied upon in support of the motion.
Solladay Gary, for plaintiff.
Pixley Smith, for defendant.
[MAJORITY — Hager, J.]
Hager, J.
— I find- this case with the report of the referee submitted by consent of parties; bnt I am at a loss to determine the point or matter I am called upon to decide. There are no reasons or statements setting forth the grounds relied upon to set aside the report, or as objections to its confirmation. Neither does the brief of defendants with the papers., present the point that is submitted, or that I am called upon to pass upon. There should be something of record to define the motion, and to show upon what it is based. As the case is presented, I can decide nothing. It would be improper to set the report aside, and its confirmation is not asked by the submission.