Swindle v. Matheney

Bell, Justice.

This case was referred to an auditor to pass on all questions of law and fact. On the filing of the auditor’s report, the main defendant who is now the plaintiff in error moved to recommit the case to the auditor, and also filed exceptions of law and of fact. On February 26, 1935, the court passed an order denying the motion to recommit, and overruling all exceptions to the auditor’s report. No exceptions pendente lite were taken. On May 3, 1935, the court entered a final decree in accordance with the rulings and findings of the auditor. On May 31. 1935, the defendant presented…