O'reilly's Adm'r v. Brady
Supreme Court of Alabama
Appeal from the Chancery Court of Franklin. Heard before the Hon. A. J. Walker. The facts of this case, as stated in the opinion of the court, were as follows: The bill was filed by the administrator of Philip O’Reilly, a deceased partner, against Michael B. Brady and Dennis C. Tynan, the two surviving partners, for an account and settlement of the affairs of the partnership.
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Appeal from the Chancery Court of Franklin. Heard before the Hon. A. J. Walker. The facts of this case, as stated in the opinion of the court, were as follows: The bill was filed by the administrator of Philip O’Reilly, a deceased partner, against Michael B. Brady and Dennis C. Tynan, the two surviving partners, for an account and settlement of the affairs of the partnership. Among other things, the answer of Brady states, that’ the partnership was formed on the first of June, 1842, for the purpose of trading in and selling goods and groceries; that complainant’s intestate died in October,…
1Opinion of the CourtRice, C. J.
(After stating the facts) — An exception to the report of a master is in the nature of a special demurrer, and the party objecting must put his finger on the error; otherwise, the part not excepted to may be taken as admitted. — Darrington v. Borland, 3 Porter’s Rep. 9; Story v. Livingston, 13 Peter’s R. 359; Royall v. McKenzie, 25 Ala. Rep. 364.
*535When the only exception to a report is directed to a particular portion of it. which includes several distinct items or matters; and the exception does not point to any one of them in particular, but is leveled at all of them in mass, it may be…
2Cited by6 opinions
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- Henderson v. HueySupreme Court of Alabama · 1871
- Painter v. PainterCalifornia Supreme Court · 1894
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