General

JAMES TRYON, Respondent, v. DECATUR STRATTON and L. B. VAIL, Appellants

1 Cal. Unrep. 14·Supreme Court of California·1856·CA

I concur: Tleydenfeldt, J.

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Opinion

JAMES TRYON, Respondent, v. DECATUR STRATTON and L. B. VAIL, Appellants. No. 924; January 22, 1856. Reference. — A Referee must, in His Report, state tlie facts found and the conclusions of law. APPEAL from Eleventh Judicial District, Yolo County. Cross & Thompson for respondent; Reed & Aukeny for appellants. [MAJORITY — TERRY. J.] TERRY. J. — The report of the referee in this case does not state the facts found by him. In the case of Lambert v. Smith & McGHlrey, 3 Cal. 408, the court held “that” the report of a referee like the finding of a court should state the facts found and the conclusions of law. Without this the parties would be remediless and their rights concluded in many cases by the arbitrary decision of a referee. The judgment of the court below is reversed and the cause remanded. I concur: Tleydenfeldt, J.