Hubbard v. Camperdown Mills

Citations

• 26 S.C. 581
• 2 S.E. 576
• 1887 S.C. LEXIS 80

Syllabus

<p>1. The refusal of a motion to recommit a report for further testimony is not error of law appealable to this court.</p> <p>2. The report of a master confirmed by the Circuit Judge and not appealed from, is final and conclusive upon all matters passed upon in the report; and in the further progress of the cause, such matters are res judicata.</p> <p>3. Where there has been no appeal from a decree confirming the report of a master, an application may be made on Circuit to open the decree ; but such an application must be determined by the principles that are applicable in cases of motions for a new trial and petitions for a rehearing on the ground of newly discovered evidence.</p> <p>4. In a case at law, this court cannot review findings of fact by the Circuit Judge on a motion to set aside a judgment or for a new trial; but it may do so where the motion was made in a case in chancery. In this case, the findings of the court below were approved.</p> <p>5. While a cause is still pending, it is within the discretion of the Circuit Judge to grant any order necessary to do justice between the parties.</p> <p>6. Where a debt for money lent, based upon informal action by the board of directors, was established against the company by decree of the court, the Circuit Judge properly refused to reopen the decree upon affidavits showing that evidence of the absence of formal resolution by the board had been discovered after the filing of the decree.</p>