Nims v. Nims

Citations

• 20 Fla. 204

Syllabus

<p>1. When a reference is made to a master to take and state a partnership account, the report should state the account in such manner that the court may judge whether it is correct. It should state the account at length and his findings so that they will be intelligible, and that the court may see the correctness of the master’s inferences.</p> <p>2. A master’s report that he finds a balance in favor of a partner in book A, and a balance against him in another book, is not an intelligible statement of an account, showing whether it is correct or not.</p> <p>3. A stipulation that an order confirming a master’s report, no exceptions hav||g been filed, shall be set aside on the final hearing if it be made to appear that there are grounds of exception to the report; and it appearing that the report is not correct nor intelligible, the order of confirmation should be vacated and exceptions allowed to be filed.</p> <p>4. On bill filed to dissolve a partnership and for an accounting, the fact of a co-partnership should be decreed before the defendant is required to account.</p> <p>5. A final decree as between partners ought not to be made until the debts of the concern are ascertained and adjusted.</p>