Thompson v. Parrent

The homologation of the report of the expert, Stuart, was formally opposed by the plaintiff Upon the trial of the rule he offered witnesses to prove the facts stated in his opposition. The testimony was rejected by the court, on the ground that it rested merely in the discretion of the Judge of the first instance to hear evidence upon an opposition to the homologation of the report of experts or not, and that the Judge in this case was satisfied of the correctness of the report from its face.

In this we think the Judge erred. His discretion is not an arbitrary one, but he is to try the…