Suttles v. Smith
Suttles v. Smith
Opinion of the Court
This case was tried upon exceptions to an auditor’s report. Such of them as were heard and passed upon by the judge were disallowed. The auditor accompanied his report with the evidence taken before him, and this was also before the judge, who heard the exceptions; it was not, however, sent up in the record to this court, and for this reason, we find ourselves unable to determine whether the conclusions reached by the auditor were correct, and whether the alleged errors in the rulings of the court in fact exist.
1. The statute requires that the decision complained of shall be plainly specified, as well as the alleged error therein; particularly is this so in case of exceptions to a master’s or auditor’s report, as that, after allowance by the court, is prima facie the truth (Code, §3097), and according to the cases cited under this section, it becomes conclusive, unless excepted to for some good and sufficient causé, and maybe decreed on with out more; whenever it is allowed and approved and no exceptions are taken, or if taken, are disallowed, it becomes conclusive, and it is always sustained where exceptions are on questions of fact, and there is no
It has rarely been our duty to examine a clearer, fuller and more explicit account between litigants than that reported by the highly intelligent, painstaking and conscientious auditor, whose services the parties were fortunate in securing. He has brought order out of confusion, and made clear what was before doubtful and uncertain.
2. The time for filing exceptions was, by order, limited to four months after the report was filed in the court; it also provided that each party should have twenty days’ notice of the exceptions filed by the other. After the exceptions, filed within the time limited by the order, had been passed upon and disallowed, and at the term of the court, when the cause was heard, and while it was on trial, the complainants offered others, but, upon objection, they were rejected by the court, and upon this ruling error is assigned. It is contended that exceptions to a master’s or auditor’s report are pleadings in the cause, and that the
Judgment affirmed.
Reference
- Full Case Name
- Suttles v. Smith, administrator
- Cited By
- 1 case
- Status
- Published