Legal Opinion
Ward v. Paducah & Memphis R. Co.
United States Circuit Court
Decided July 1, 1880PublishedCited by 4 opinions
In Equity.
1Opinion of the Court
Hammond, D. J.
The practice adopted in this case, of referring the petition to a master before any decree settling the rights of the parties npon the issnes made by the pleadings, has resulted in trying intricate questions of law and fact *863upon exceptions to the master’s report, which does nothing more than ascertain the quantum of damages alleged to have been sustained. It is a practice that has been justly condemned as intolerable, is certainly inconvenient and perplexing to the court, and should not be resorted to in the future. Cobb v. Jameson, 1 Tenn. Ch. 604; Eubank v. Wright, 2 Tenn. Ch.…
2Cases cited20 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
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3Cited by4 opinions
- Snack v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1928
- Carper v. Receivers of Norfolk & W. R.Court of Appeals for the Fourth Circuit · 1897
- McRae v. Atlanta & St. Andrews Bay Railway Co.Supreme Court of Florida · 1945
- Wills v. PotterCourt of Appeals of Tennessee · 1987