
    JOSEPH LEVI, et al., Respondents v. EDWARD S. NEWHALL, et al., Appellants.
    
      Appeal from ajudgment entered on a referee’s report, practice on, exceptions when unnecessary.—The general ¿erro will consider without an exception the question whether the findings of fact are against the weight of the ■ evidence, but to present that question there must be a certificate of the referee that all of the evidence is in the case.
    
    Before Trtjax and Dugro, JJ.
    
      Decided March 4, 1890.
    Appeal from a judgment entered on the report of a referee.
    
      George P. Webster and Allen McDonald, for appellants.
    
      Simpson & Werner, for respondents.
   The court affirmed the judgment below, holding, among other things (Truax, J., writing and Dugro, J., concurring), as stated in the head note.  