Utica Insurance v. Lynch
New York Court of Chancery
This case came before the chancellor, upon the petition of the defendant Roberts," to correct certain alleged errors in a master’s report, made under the decree in this cause. Orié or two of the alleged errors were errors in computation only, and the others Avere omissions to credit the petitioner for shins which had been paid out by him; but the last mentioned errors did hot appear upori the face of the report, or of the schedules annexed thereto.
Read the full summary
This case came before the chancellor, upon the petition of the defendant Roberts," to correct certain alleged errors in a master’s report, made under the decree in this cause. Orié or two of the alleged errors were errors in computation only, and the others Avere omissions to credit the petitioner for shins which had been paid out by him; but the last mentioned errors did hot appear upori the face of the report, or of the schedules annexed thereto. The petitioner bad excepted to the report in relation to the alloAvance of interest against him on actual balances; but his exceptions did not…
1Opinion of the Court
The Chancellor.
The objection that this court has no authority to correct the report of the master, without the consent of the parties who oppose the application, appears to be well taken. Where a mere error in calculation has occurred, the court, upon further directions, may direct the report to be amended, although no exceptions have been filed; and without sending it back to the master. But where, as in this case, the report has been followed by an order or decree of the court, for the payment of the balance as found due by the master, the report cannot be amended while the order or decree…
2Cited by6 opinions
- Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
- Cleveland v. QuiltyMassachusetts Supreme Judicial Court · 1880
- Smith v. AdlermanAppellate Terms of the Supreme Court of New York · 1918
- Eaton v. TruesdailMichigan Supreme Court · 1879
- Schweizer v. RaymondNew York Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.