Evidence-supported findings left undisturbed as the referred question was answered in the negative

Where the finding under reference was supported by evidence, the court declined to disturb it and answered the referred question in the negative. The reference therefore failed, and no order as to costs was made. The stated principle is that a reference court will not interfere with a supported factual finding when the evidence provides a sufficient basis for it.

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Issues: Whether the question referred should be answered in the negative in view of the existence of evidence supporting the finding.

Analysis: The finding was supported by evidence, and no basis was made out to disturb it in the reference.

Conclusion: The question referred was answered in the negative.

Final Conclusion: The reference failed and no order as to costs was made.

Ratio Decidendi: Where there is evidence supporting the finding, the reference court will answer the referred question accordingly and will not interfere with the finding.

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