Cox v. Pierce

Citations

• 120 Ill. 556
• 12 N.E. 194

Syllabus

<p>1. Oral evidence in chancery—of evidence taken before the master— giving further evidence after report by the master—the statute construed. Section 39, chapter 22, of the Revised. Statutes of 1874, which provides that the court may refer a chancery cause to a master in chancery or special commissioner, “to take and report the evidence, with or without his conclusions, ” means that the master shall report all the evidence, written or oral.</p> <p>2. Section 39, chapter 22, and section 38, chapter 51, are to be construed as parts of a single system, so as to give effect to each. Those sections, taken and construed together, mean, that oral testimony, instead- of depositions, shall be taken on the trial of every suit in chancery, when desired by either party; but when a cause is referred to the master to take and report the evidence, with his conclusions thereon, that all the evidence, whether in depositions or documents, or to be detailed by the witnesses, must be introduced before him, and that when thus introduced and reported it is to be considered as taken on the trial.</p> <p>3. So, when there is a reference to the master, in a suit in chancery, to take and report the evidence, with his conclusions, it is not competent, on the hearing of exceptions to the report, or on the hearing of the cause, for the court to hear any evidence that was not before the master.</p>