Cepero v. Hartridge

Citations

• 51 Fla. 409

Syllabus

<p>CHANCERY PRACTICE BEFORE A MASTER.</p> <p>1. Rule 84 of the Rules of the Circuit Courts in Suits in Equity is to be construed in connection with section 1425 of the Revised Statutes of 1802, and so construed, it is the proper practice for a Master in Chancery to give the respective parties notice when his report is ready to be filed in order that they may make such objections and take such exceptions as they may' be advised are necessary in order that they may be in a situation to present them to the court; and it is a further duty of the Master to give notice to the parties of the filing of his report, in order that they may be able to avail themselves of the right of exception given them by said Rule 84.</p> <p>2. When the record fails to show that notice was given the appellant of the filing of the Master’s report, and there is nothing to show that appellant either expressly or impliedly waived notice, and the record fails to show that the case was set down.for hearing as provided in Rules 85 and 86 of the Rules of the Circuit Court in Suits in Equity, and it appears that the cause was finally heard and a final decree made without notice to appellant, the decree appealed from will be reversed.</p>