Stovall v. Mendenhall

1. Where a motion to recommit to the auditor is sustained, the order recommitting must be construed in connection with the motion as well as other relevant circumstances in the case; and although the order directs that portions of the brief of evidence may be used if agreed to by counsel, it will not be construed to direct a de novo hearing, where the motion makes no complaint on the sufficiency of the evidence, but relates solely to criticisms of the form and sufficiency of the findings of the auditor, and all the parties agree to the order of recommitment, and the evidence comprises more…