Clapp v. Sherman

Two motions are made by tbe respondents in this case. One is for further time to file exceptions to the master’s report, the twenty days allowed by the rule having expired. The reason given is that counsel did not know that the report was filed, but we think he could have known if he had used proper care, and assuming that we are at liberty to relax the rule, we do not think sufficient cause for relaxing it is shown.

The other motion is that the report be recommitted because the master has not returned with it the testimony on which his findings were based, the oral testimony being meant. The…