Gratz v. Phillips
Supreme Court of Pennsylvania
Exceptions to the report of auditors m account renden, are too late after a judgv ment msi upou the report has become absolute by the expiration of the t — !t hp- Whether ou^hte"not^o°be taken before the auditors, and prior to any report. A FTER a judgment to account in this case, the court appointed auditors, who on the 28th November 1810 , , . . .„ . hied their report awarding to the plaintiff the sum or 12,lo9 dollars and 94 cents.
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Exceptions to the report of auditors m account renden, are too late after a judgv ment msi upou the report has become absolute by the expiration of the t — !t hp- Whether ou^hte"not^o°be taken before the auditors, and prior to any report. A FTER a judgment to account in this case, the court appointed auditors, who on the 28th November 1810 , , . . .„ . hied their report awarding to the plaintiff the sum or 12,lo9 dollars and 94 cents. The report was read on the first day of * . . _ , , December term, and a judgment mm entered. Un the 13tn, 0f December, time was granted to the defendants until…
1Opinion of the Court
Tilghman C. J.
This was an action of account render. After the auditors had made their report, judgment nisi was entered in the usual manner, and no exceptions were offered till after the expiration of the term. The court are of opinion, that the judgment having become absolute, it was too late to offer the exceptions. On this ground, the motion of the defendants that the plaintiff shall make answer to their exceptions is denied.
On the argument of this case, the counsel on both sides went largely into the question, wheth'er exceptions of this kind ought to be received by the court at any time.…
2Cited by2 opinions
- Closson v. MeansSupreme Judicial Court of Maine · 1885
- Gratz v. PhilipsSupreme Court of Pennsylvania · 1830