Randall v. Burk Township, of Minnehaha County

Summary

The court held that the parties’ stipulation merely narrowed the issues for trial and did not convert the judge into an arbitrator whose decision was unappealable. It further held that the appellate court could review the factual findings and that the evidence clearly preponderated against the finding that the resurvey conformed to the original government survey. The judgment was reversed and a new trial was ordered.