Norton v. Brown

(After stating the foregoing facts.)

Should the decree of the court be reversed because the judge refused to recommit the ease to the auditor P The first ground of the motion to recommit is that the auditor failed to consider and pass upon the demurrer to the answer of the defendant. In the final decree the judge considered and passed upon this demurrer, and overruled it. It would now be doing a vain and useless thing to recommit the case to the auditor, so that he could consider and *155pass upon this demurrer. The proper procedure would have been for the plaintiffs to except to the final decree…