 The report of the referees upon the whole issue, stands as the decision of the court, and judgment may be entered thereon in the same manner as if the action had been tried by the court.  Colorado Reports - Page 384by Colorado. Supreme Court - 1909Full view - About this book
 | Henry Whittaker - 1852 - 900 pages
...interlocutory questions, is laid down as follows : issue stands as the decision of the court, and judgment may be entered thereon, in the same manner as if the action had been tried by the court. When the reference is to report the facts, the report has the effect of a special verdict. In a subsequent... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1867 - 624 pages
...the report is confirmed by the court, it stands as the finding of the court, and judgment is rendered thereon in the same manner as if the action had been tried by the court. — Laws of 1861, pp. 159, 160. If referees are required to take the official oath, why are not arbitrators,... | |
 | Nathan Howard (Jr.) - 1852 - 496 pages
...alone would have hardly made the difference, as it required the judgment upon the report to be entered in the same manner as if the action had been tried by the court, and in that case judgment must be entered upon the direction of a single judge. (§§ 267, 278.) But... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...as the decision of the court, and upon filing the report with the clerk of the court, judgment may be entered thereon in the same manner as if the action had been tried by the court. The decision of the referees may be excepted to and reviewed in like manner as if made by the court.... | |
 | Wisconsin - 1853 - 810 pages
...of the referees upon the whole issue stands ag the decision of the court, and judgment may beentered thereon in the same manner as if the action had been tried by the court, unless either party may desire to make a motion to set aside the report, as herein provided. And in case either... | |
 | Oregon - 1855 - 670 pages
...report of the referees upon the whole issue, shall stand as the decision of the court, and judgment may be entered thereon in the same manner as if the action had been tried by the court. When the reference is to report the facts, the report shall have the effect of a special verdict. TITLE... | |
 | New York (State) - 1855 - 802 pages
...preparing and sen-ing a case had expired ; but now judgment may be entered on the report of referees, in the same manner as if the action had been tried by the court (Code, s. 272); and on a trial by the court ''judgment upon the decision is to be given accordingly... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1856 - 798 pages
...The report of the referees on the whole issue, stands as the decision of the Court, and judgment may be entered thereon in the same manner as if the action had been tried by the Court. When the reference is to report the facts, the report has the effect of a special verdict." 2 R. 8.... | |
 | Wisconsin - 1856 - 334 pages
...whole issue stands made ami pro- ^ the decision of the court, and judgment may be enOaipurpom tered thereon in the same manner as if the action had been tried by the conrt, unless either party may desire to make a motion to set aside the report, aa herein provided.... | |
 | District of Columbia - 1857 - 788 pages
...report of the referees upon the whole issue shall stand as the decision of the court, and judgment may be entered thereon in the same manner as if the action had been tried by the court. When the reference is to report the facts, the report shall have the effect of a special verdict. SEC.... | |
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