Fields v. Hurst

Citations

• 20 S.C. 282
• 1884 S.C. LEXIS 9

Syllabus

<p>1. Objection was made by plaintiff to the hearing by the Circuit judge of defendant’s exceptions to the referee’s report; the objection was overruled and plaintiff excepted. After decree rendered, plaintiff filed exceptions thereto, but did not renew his exception to the hearing of defendant’s exceptions to the referee’s report. Held, that this question, not having been made a ground of appeal, was not properly before this court for review.</p> <p>2. No exceptions having been taken to an intermediate decree at the time, or after final judgment rendered, objections cannot be raised in this court to such decree.</p> <p>3. Exceptions not considered, because too general.</p> <p>4. The provisions of the code as to referee’s reports apply especially to cases at law. Eeferences in equity causes are governed by the rules which prevailed under the old chancery practice. The force and effect of a referee’s report, in all cases, stated.</p> <p>5. Findings of fact by a referee were reversed by the Circuit judge; the Circuit decree, upon these points, was sustained by this court. Mr. Chief Justice Simpson dissenting as to one of these findings of fact.</p> <p>6. The Circuit decree, after allowing all proper items of debit and credit in an account, made a small balance in favor of plaintiff, but nevertheless dismissed the complaint upon the ground that they were substantially equal. Held, that the plaintiff was entitled to judgment for the balance ascertained in his favor in such statement.</p>