Simmons v. Morrison
Court of Appeals for the D.C. Circuit
Hearing on an appeal (specially allowed) from an order referring the cause in which it was made, to the auditor to state an account between the parties.
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Hearing on an appeal (specially allowed) from an order referring the cause in which it was made, to the auditor to state an account between the parties. The Court in its opinion stated the case as follows: This is an interlocutory appeal (specially allowed) from an order of the Supreme Court of the District of Columbia in a suit at common law, whereby, after issue joined between the parties, and upon the motion of the plaintiff in the cause, William C. Morrison, the appellee here, against the objection of the defendant, Leo Simmons, here appellant, the court referred the cause to the auditor…
1Opinion of the CourtJustice Morris
Tiie forty-sixth of the common law rules of the Supreme Court of the District of Columbia, under which this proceeding has been had, is in the following terms:
“In actions at law brought or hereafter to be brought, grounded upon an account, or in which it may be necessary *165to examine and determine upon accounts between the parties, the court, in its discretion, at any stage of the cause, may order the accounts and dealings between the parties to be audited and stated by the auditor of the court, or by a special auditor or auditors to be appointed by the court; and when such order shall be made…
2Cases cited10 opinions
- Plimpton v. Town of SomersetSupreme Court of Vermont · 1860
- McMartin v. BinghamSupreme Court of Iowa · 1869
- St. Paul & Sioux City Railroad v. GardnerSupreme Court of Minnesota · 1872
- United States v. RathboneU.S. Circuit Court for the District of Southern New York · 1828
- Mills v. MillerNebraska Supreme Court · 1873
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3Cited by1 opinion
- Haynes v. Navy Federal Credit UnionDistrict Court, District of Columbia · 2014