Prince v. Cutler

Citations

• 69 Ill. 267

Syllabus

<p>1. Chancery practice—whether a reference to state an account requires a report of the evidence. A reference of a cause in these Avords: “It is hereby stipulated that this case he referred to A B, as commissioner, to take the evidence, and report the balance as he shall find the same, to this court,” was held, to require a report of the balance of the account as found by the commissioner, only, and not as requiring him to report the evidence, and that,- under such a reference, a report of the evidence was unnecessary.</p> <p>3. Where a cause is referred to a master to examine and report as to any facts in a case, it is his duty to draw the conclusion from the evidence produced before him, and to report that conclusion only, and it is irregular and improper for him to set forth the evidence in his report without the special direction of the court.</p> <p>3. Same—taking evidence in pencil. The preserving of the evidence on a reference to a special master, in pencil, is objectionable, and should not be done; but the court, not being called upon, decline to express an opinion whether a decree would be reversed for this cause alone.</p> <p>4. Same—mode of presenting evidence on exception to master’s report. If either party is dissatisfied with the master’s report, he may except to the same, and may then obtain certified copies from the master of the depositions, or other evidence on which the decision of the master was founded, to be used on the argument of the exception.</p> <p>5. Same—notice of hearing before master on reference. If the parties are present and take part in the proceedings before the master on a reference, it is not important whether they had notice or not, as the only object of a notice is, to enable them to be present and participate in the investigation; and where a case is referred back to a master to correct errors in his former report, and no new evidence is taken, no notice to the parties is necessary.</p> <p>6. Same—mode of excepting to master