1 Barb. Ch. 68 | New York Court of Chancery | 1845
It was clearly irregular to attempt to raise the same questions, by new exceptions to the master's amended report, which had been considered and decided by the court upon the exceptions to the original report. Where a report is sent back to be amended, upon the hearing of exceptions taken to the same, it is not open for review generally by the •master; unless the court expressly authorizes him to review it generally, or the nature and scope of the exceptions allowed necessarily embrace the whole subject matter of the account originally taken by the master. The usual order nisi, to confirm, which is entered upon the filing of the original report, becomes absolute at the expiration of eight days, except as to the matters embraced in the exceptions. The decretal order made
I think the vice chancellor was also right in directing the exceptions to be taken off the files; instead of subjecting the complainant to the expense and delay of setting them down for argument, and having them overruled at the hearing. The usual course, upon, an original report, unquestionably is to argue the exceptions to the same; even where the adverse party insists that the part of the report excepted to is in compliance with the express directions of the court, as contained in the decree or order of reference under which the report was made. But it is certainly irregular for a party to put in the same exception to an amended report which has already been overruled as an exception to the original report. For the part of the amended report thus excepted to has already been confirmed, by the dis-allowance of the exception to the original report The exceptions to a report only operate as an enlargement of the order nisi to confirm the report; and the disallowance of the excep
The order appealed from must be affirmed, with costs.