Sheffield & Birmingham Coal, Iron & Railway Co. v. Gordon

Citations

• 151 U.S. 285
• 14 S. Ct. 343
• 38 L. Ed. 164
• 1894 U.S. LEXIS 2056

Syllabus

<p>Exceptions to the report of a master should point out specifically the errors upon which the party relies, not only that the opposite party may be apprised of what he has to meet, but that the master may know in what particular his réport is objectionable, and may have an opportunity to correct his errors or reconsider his opinions.</p> <p>The main object of a reference to' a master being to lighten the court’s labors, the court ought not to be obliged to rehear the whole case on the evidence, when the report is made.</p> <p>If the report of a master is clearly erroneous in any particular, it is within the discretion of the court to correct that error.</p> <p>When a contract provides that work done under it shall be examined by a superintendent evex'y two weeks, and if done to his satisfaction it shall be a final acceptance by the other party, so far as done, the acceptance by the superintendent forecloses that party from thereafter claiming that the contract had not been performed according to its terms.</p> <p>In the absence of a certificate by a master that the entire evidence taken by him was sent up with his report, it is impossible to impeach- his conclusions upon it.</p> <p>The proceedings in this case were taken within the time required by the statutes of Alabama.</p>