New-York Fire Insurance v. Lawrence

Citations

• 6 Paige Ch. 511

Syllabus

<p>Where a part of the exceptions to an answer are allowed and a part disallowed, if the complainant excepts to the master’s report as to the disallowance of a part of his exceptions, he must wait until his exceptions to the master’s report are finally disposed of by the court before he will be entitled to an order for the defendant to answer the exceptions which were allowed by the master. And the entry of a common order to answer the exceptions allowed before the entering of the order of the court on the exceptions to the master’s report is irregular.</p> <p>The proper course in such a case, if the exceptions to the master’s report are overruled by the court, is to enter the special order m conformity to the decision of the court, and to make it a part of the same order that the defendant put in a further answer to the exceptions which were allowed by the master; or the complainant may have a common order to answer the exceptions allowed, after the report has become absolute by the entry of the special order overruling his exceptions to the same.</p>