Byington v. Wood
New York Court of Chancery
This case came before the court for a hearing upon exceptions to a master’s report upon exceptions to the answer. The defendant did not appear before the master on the reference to argue the exceptions to the answer.
1Opinion of the Court
The Chancellor :—It appears by the affidavits of the complainant’s solicitor and the report of the master, that the *146defendant never appeared before bim on the reference, to argue the exceptions to the answer; and it is now objected, that under such circumstances, he has no right to except to the master’s report.
It is the practice on the equity side of the exchequer, to refer exceptions to an answer to the court in the first instance ; but in the Court of Chancery a different practice prevails. The multiplicity of business in the latter court renders it impossible for the Chancellor to examine…
2Cited by6 opinions
- Sargent v. BurtonSupreme Court of Vermont · 1901
- Celluloid Manuf'g Co. v. Cellonite Manuf'g Co.U.S. Circuit Court for the District of Southern New York · 1889
- Hatch v. Indianapolis & Springfield R.U.S. Circuit Court for the District of Indiana · 1882
- Prescott v. JennessSupreme Court of New Hampshire · 1913
- In re Accounting of KautskyAppellate Division of the Supreme Court of the State of New York · 1900
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