Whitehead v. Perie
Texas Supreme Court
Appeal from Bexar. This was a suit brought for the settlement of partnership accounts. The parties, by consent, procured an order of Court, appointing an auditor to state the accounts between them. The auditor made his report, consisting of a statement of his conclusions upon the various matters in controversy between the parties, but containing no statement of the several items of which the accounts consisted.
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Appeal from Bexar. This was a suit brought for the settlement of partnership accounts. The parties, by consent, procured an order of Court, appointing an auditor to state the accounts between them. The auditor made his report, consisting of a statement of his conclusions upon the various matters in controversy between the parties, but containing no statement of the several items of which the accounts consisted. This account was filed on the 4th day of October, 1850, and on the 22nd of the same month, the defendant filed a paper containing objections to the report, to the effect that he had…
1Opinion of the CourtWheeler, J.
The decision of this case must depend upon what shall be considered correct practice, under the Statute authorizing the appointment of an auditor. (Hart. Dig. Art. 751.)
*11The term auditor, it has been said, designates an agent or officer of the Court, who examines and digests accounts for the decision of the Court. (2 U. S. Cond. R. 289.) A reference of matters of account, to such an officer, was authorized by the Statute, from the consideration, doubtless, that accounts, which are often complex and intricate, are unfit subjects for examination in Court, and ought to be referred to an officer…
2Cases cited4 opinions
- Field v. HollandSupreme Court of the United States · 1810
- Tyler v. SimmonsNew York Court of Chancery · 1836
- Girard v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1833
- De Leon v. OwenTexas Supreme Court · 1848
3Cited by24 opinions
- Dwyer v. KalteyerTexas Supreme Court · 1887
- Sowers v. PetersonTexas Supreme Court · 1883
- Arlington Heights Realty Co. v. Citizens' Ry. & Light Co.Court of Appeals of Texas · 1913
- San Jacinto Oil Co. v. CulbersonTexas Supreme Court · 1907
- Boggs v. StateTexas Supreme Court · 1876
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