[Download] "Keefe v. Johnson. Same v. Johnson Et Al." by Supreme Court of Minnesota # eBook PDF Kindle ePub Free
eBook details
- Title: Keefe v. Johnson. Same v. Johnson Et Al.
- Author : Supreme Court of Minnesota
- Release Date : January 29, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
The cases came before the trial court and now come before us upon first and supplemental reports of an auditor whose findings of fact were to be final. The practice in such cases differs materially from that prevailing in cases where an auditors findings are not final and are merely prima facie evidence at a subsequent trial. See Cook v. Farm Service Stores, Inc., Mass., 17 N.E.2d 890. In cases like those now before us the auditors report becomes a case stated. His subsidiary findings of fact must stand, unless it appears that there was no evidence sufficient in law to warrant them, but his Conclusions of fact reached by inference solely from his subsidiary findings are open to review as matter of fact both by the trial court and by this court when the case comes here, and as to such Conclusions this court is not bound by the findings of the trial court but must use its own judgment. United States Fidelity & Guaranty Co. v. English Construction Co., Mass., 20 N.E.2d 939. In the cases at bar the evidence is not reported, and the subsidiary findings which the auditor has made in detail, as it was his duty to do, must be accepted as final. He has stated in substance that his further Conclusions of fact are derived by inference from his subsidiary findings. It is therefore our function to determine what ultimate Conclusions we think should flow from the subsidiary findings, and whether or not those Conclusions should lead to a judgment for the plaintiff. There is nothing to the contrary in Rosenblum v. Ginis, Mass., 9 N.E.2d 525. In that case the auditors findings of fact were not final, and his ultimate Conclusions did not purport to rest solely upon his subsidiary findings.