McLin v. . McNamara

The plaintiff replied to the answer, and the cause stood several terms upon orders for taking testimony. At the last term, without any (408) order, publication, and without setting the cause down for hearing "the pleas were set down for argument"; and the counsel for the plaintiff further moved the court "that it be referred to the master, without prejudice, to take an account, with power to examine the parties on oath, and to compel them to produce such papers as they may respectively have in their possession as are requisite for taking such account." The court refused the motion, but…