56 Vt. 181 | Vt. | 1883
The opinion of the court was delivered by
I. The defendant excepts to the special master’s report, because she says that he has reported conclusions of law instead of facts, in that he has found that part of the property for which recovery is sought were necessaries which went to her use in her family, and which were furnished upon the credit of her sole and separate estate. What are necessaries in a given case depends upon a variety of facts and circumstances; — the kind of property furnished, the use to which it can be put, the
II. The additional exceptions are to the decisions of the master in regard to the admission of testimony. The report does not show that any testimony was received or rejected by him against the objection and exception of the defendant. Sec. 750, ■E. L. provides: ' “No questions in regard to the admission or rejection of evidence by the master shall be heard in the Supreme Court, unless such objection is made by exception duly filed to the report in the Court of Chancery.” This clearly implies that the report is to show the objections and exceptions saved to the admission or rejection of testimony. This is made certain by the last part of s. 727, where it is provided that the masters “shall state in their report decisions made as to the admission or rejection of evidence when the party against whom the decision is made so requests in writing.” Unless so requested the master is not obliged to state his decision in admitting or rejecting evidence, and may treat the objectioiis and exceptions waived. If he should neglect to report his decisions in that behalf when so requested in writing, it would be the duty of the Court of Chancery .to recommit the report to have that done. The provisions of the statute are explicit and pointed in saving to the objecting and excepting party his rights in this respect. It is equally
These are the only errors pointed Out by the exceptions filed to the master’s report, now insisted upon.
Decree affirmed, and cause remanded.