Gaines v. New Orleans

BRADLEY, Circuit Justice.

In these cases the defendants except to the master’s report. It does not appear, by the report of the master’s minutes, that the exceptions were taken before him. The rule of practice is that no exceptions will be heard by the court which have not been made before the master, so as to give him an opportunity of considering the same and correcting his report. But as counsel on both sides have evidently acted under a misapprehension of the rule, I will not overrule the exceptions on that ground, especially as some of them are of great importance to the rights of the…