Scott v. Pilipo

Citations

• 23 Haw. 625
• 1917 Haw. LEXIS 49

Syllabus

<p>Equity — reference—master's report — estoppel.</p> <p>Certain matters in an equity suit were referred to a master with instructions to proceed as speedily as possible and report within sixty days or show excuse for not so doing; the master held hearings after the sixty days had expired and made reports which were confirmed without objection on the ground that they were not filed within time; from a supplemental decree allowing claims for fees and expenses the decree appealed from was attacked on the ground that the master haying failed to file his report within the required time the report and the decree confirming it were without jurisdiction and void: Held, that the question of time was not jurisdictional and the parties having acquiesced in the work of the master after the expiration of the sixty days and received the benefits of his labors are estopped from attacking his report on the ground that it was not filed within time.</p> <p>Judgment — res adjudicata.</p> <p>Where the jurisdiction of a circuit judge sitting in equity in a partition suit to appoint a master in chancery and refer certain matters to him has been adjudged favorably in prohibition proceedings, a decree later rendered confirming the master’s report is not subject to attack on the ground that the circuit judge did not have jurisdiction to appoint the master, that question being res adjudicata by reason of the decision in' the prohibition proceedings.</p> <p>Same — same.</p> <p>A circuit judge allowed a master in chancery a fee out of a fund in court in a pending suit whereupon plaintiffs petitioned the supreme court for a writ of prohibition against the circuit judge and master prohibiting them from proceeding further with the suit on the ground of disqualification by reason of' pecuniary interest; the writ was denied; plaintiffs appealed from the decree thereafter made in the suit assigning as one of the errors the disqualification of the circuit judge and master: Held, that the decision in