Blassengame v. Boyd
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the Western District of North Carolina, at Asheville. Action by John T. Blassengame against David U. Boyd, the Board of County Commissioners, and others. Decree for defendants (172 Fed. 630), and plaintiff appeals.
1Opinion of the Court
KEELER, District Judge.
The first five assignments of error are based on the action of the court in sustaining certain exceptions to the report of the special master, and in refusing to concur in the method adopted by the master in arriving at the amount due the plaintiff from D. E. Boyd, the contractor. These exceptions proceed upon the theory that the findings of the master in this case were not merely advisory, but are to be taken as presumptively correct. Such is the law if the reference is by consent and refers all the issues to the master for decision, but such is not the law upon an…
2Cases cited11 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Callaghan v. MyersSupreme Court of the United States · 1888
- Basey v. GallagherSupreme Court of the United States · 1875
- Quinby v. ConlanSupreme Court of the United States · 1882
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