Summary

Portrait of Henry Billings Brown Henry Billings Brown Sheffield Birmingham Coal Iron Railway Company v…

Proper practice in equity requires that exceptions to the report of a master should point out specifically the errors upon which the party relies, not only that the opposite party may be apprised of what he has to meet, but that the master may know in what particular his report is objectionable, and may have an opportunity of correcting his errors or reconsidering his opinions.
Source: Wikisource

Portrait of Henry Billings Brown Henry Billings Brown Sheffield Birmingham Coal Iron Railway Company v…

Cases are referred to a master, not on account of his presumed superior wisdom, but to economize the time and labor of the court; and, as exceptions are usually filed to his report, if they are so general as to require a rehearing of the entire case, there is really nothing saved by a reference.
It is true that, if the report of the master is clearly erroneous in any particular, it is within the discretion of the court to correct the error
Source: Wikisource

Portrait of Henry Billings Brown Henry Billings Brown Sheffield Birmingham Coal Iron Railway Company v…

The exceptions themselves are too broad, and amount simply to a general denial of the facts and conclusions of the master. The first three are to the finding of the master,-that the defenses are not sustained, that the petitioners are entitled to the contract price, and that the sum awarded is the amount due. In other words, they are general denials of the merits of the claim. The fourth is a denial of petitioners' lien because the evidence sustained the defenses, because the work was not up to the requirements of the contract, and because the report was against the weight of testimony.
Source: Wikisource

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