Whipple v. Whipple

This is an action of account in which, after judgment quod computet, an auditor was’ appointed, who stated the account and made report thereof, to which the defendant filed exceptions. The case comes before us on motion of the plaintiff to dismiss the exceptions. The motion must be granted. In a proceeding before an auditor in such an action, the correct practice is, where questions arise which the parties are unwilling to trust to his decision, to make up issues thereon, for the court if the question be one of law, and for the jury if of fact, tbe auditor meanwhile waiting for the decision,…