North American Loan & Trust Co. v. Colonial & U. S. Mortg. Co.

This case involves a motion by the plaintiff, North American Loan & Trust Co., to confirm a referee's report and enter judgment, and exceptions filed by the defendant, Colonial & U.S. Mortgage Co., to the referee's findings of fact and conclusions of law. The court, per District Judge Rineb, held that to review evidence and proceedings before a referee, exceptions must be embodied in a bill of exceptions signed by the referee, and an objection that findings are against the weight of evidence cannot be considered without such a bill. Since no bill of exceptions was taken, the court could only consider what judgment to render based on the referee's findings. The referee found that the plaintiff held $9,445.09 of the defendant's money, plus an additional $769.16 conceded by the plaintiff due to clerical errors, totaling $10,215.15. The plaintiff was entitled to retain $887.70 in commissions on 'D & P Loans,' leaving a net balance of $9,327.46. The court sustained exceptions to findings designated as findings of fact Nos. 45 and 73, deeming them conclusions of law, and sustained exceptions to the referee's conclusions of law. Judgment was entered in favor of the defendant for $9,327.46.

Plaintiff moved to confirm a referee's report and enter judgment, while defendant filed exceptions to the referee's findings of fact and conclusions of law. The court ruled that without a bill of exceptions signed by the referee, it could not review the evidence or consider objections that findings were against the weight of evidence, limiting review to the referee's findings alone. The court sustained certain exceptions, reclassifying some findings as conclusions of law, and entered judgment for the defendant in the net amount owed after deductions for commissions.

• A trial before a referee is conducted like a trial before the court.
• To review evidence and proceedings, exceptions must be in a bill of exceptions signed by the referee.
• An objection that findings are against the weight of evidence cannot be considered without a bill of exceptions.
• No bill of exceptions was taken, so the court can only consider what judgment to render on the findings.
• The referee found the plaintiff held $10,215.15 of the defendant's money, with $887.70 in commissions retained, leaving $9,327.46.
• Exceptions to findings Nos. 45 and 73 were sustained as they are conclusions of law.
• Exceptions to the referee's conclusions of law were sustained, and judgment was entered for the defendant for $9,327.46.