26 P. 123 | Idaho | 1891
If there is any evidence to support the findings, they will not be disturbed.
This is an action for the dissolution of a co-partnership between plaintiff and defendant, and for the adjustment of the accounts of the firm. The pleadings in the case are various, multitudinous and voluminous, too much so in fact to be inserted; nor is it necessary they should be, in the view we take of the case. The record, aside from the copies of the pleadings, is incomplete and unsatisfactory. Suffice to say that on the tenth day of December, 1887, the ease was, upon agreement of parties, by order of the court, referred to a referee “to hear the testimony and report his findings of fact thereon.” On the fourteenth day of February, 1888, the referee filed his findings of fact, and on the twentieth day of July, 1888, the referee, by leave of the court, made and filed additional findings. It does not appear from the record that any exceptions were taken to the findings of the referee, or that any motion for a .judgment was made. The next entry upon the record is a motion by the attorney for the plaintiff to modify and set aside the findings of the court made and filed on the second day of August, 1889. We next have the amended and supplemental “findings by the court,” from which it appears that the court had previously made findings of fact in the case, but that, “the attention of the court having been called to the necessity of a review of its previous action, such review has been had,” etc. These last findings by the court were filed on February 6, 1890, and judgment entered thereon in favor of the defendant, from which judgment this appeal is taken. The
