Clark v. Willoughby — 5 Sarat. Ch. Sent. 37

Majority

p. 37

James A. Clark, adm’r, &c., v. Samuel A. Willoughby.

E. Sandford, for appellant;

C. H. Owen, for respondent,

Headnote

master's amend." questionsmay' b° ^⅛6<1 by' '

Appeal from an order of the vice-chancellor of the first circuit ordering the defendant’s exceptions to the master’s amended report to be taken off the files; The chancellor de«

p. 38

sided that it is irregular to attempt to raise the same qués* tions by new exceptions to a master’s amended report, which have been considered and decided by the court on the exceptions to the original report.

That where a report is sent back to be amended upon the hearing of exceptions to the same, it is not open for review generally by the master ; unless the court expressly authorizes the master to do so ; or the nature and scope of the exceptions allowed necessarily embrace the whole subject matter of the account originally taken by the master.

That the usual order nisi to confirm the report which is entered upon the filing of such report, becomes absolute at the end of eight days, except as to the matters embraced in the exceptions. Therefore the decretal order made upon the exceptions need not direct the report to be confirmed as to those parts which are not directed to be altered or reconsidered by the master.

That a party cannot, by excepting a report which has been properly made, pursuant to the instructions of the court as contained in the order of reference, indirectly review the decision of the court in giving such instructions. 'That if ho is dissatisfied with the order, he must either apply for a rehearing directly, or appeal.

Order appealed from affirmed, with costs.