Hurd v. Goodrich

Citations

• 59 Ill. 450

Syllabus

<p>1. Equity—practice—default—reference to the master—exceptions to Ms report. Where a bill is filed to compel an account, and the defendant fails to answer, is defaulted, the case referred to the master to state the account, and the defendant failed to object before the master, and excepts in the court below, this court will not, where the account is intricate, attempt to state it. The party desiring to have the rulings of the master in receiving and rejecting evidence, or the principles adopted in stating the account, reviewed, should file objections before the master, pointing out the grounds with reasonable certainty, which, if disallowed by the master, may be reviewed by filing exceptions to the report, in the circuit court, for the same reasons urged before the master.</p> <p>2. The exceptions in the circuit court are always based on, and confined to, the objections urged before the master. They are regarded as in the nature of a Special demurrer, and must specifically point out the grounds of objection.- This court will not, as a general rule, consider any objection to a master’s report, unless exceptions were taken in the court below.</p> <p>3. Master’s report—¿facte—exceptions. When the master reports the facts correctly, but misapplies the law, in such a case it is not necessary that exceptions should be filed; but this is an exception to the rule.</p> <p>4. Ikterest—rests. As a general rule, the master, without directions from the court, can not, in computing interest, make rests; but there are some exceptions to the rule of practice. Where the facts stated in the bill, and taken to be true by the default, require rests in computing interest, and they are allowed by the master without objection, and the report is confirmed, the objection can not be raised in this court. A trustee is only chargeable with compound interest where he has been guilty of gross negligence, as when the trustee has used the money of the cestui que trust for his own purposes, and,