Stewart v. Walters
Supreme Court of New Jersey
Error to Morris Circuit. This proceeding was by attachment. Before the auditor the claim of the plaintiff was disputed by the creditors, and the same being allowed and a report made accordingly, exceptions were filed to the report, and such proceedings were thereupon had that the matter was sent back to the auditor with the ■directions following: “And that so much of said auditor’s report as finds in favor of the plaintiff for the sum mentioned, be and the same is hereby…
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Error to Morris Circuit. This proceeding was by attachment. Before the auditor the claim of the plaintiff was disputed by the creditors, and the same being allowed and a report made accordingly, exceptions were filed to the report, and such proceedings were thereupon had that the matter was sent back to the auditor with the ■directions following: “And that so much of said auditor’s report as finds in favor of the plaintiff for the sum mentioned, be and the same is hereby referred back to said auditor, to hear and take such further evidence as either party may have to offer in respect to the…
1Opinion of the Court
*432The opinion of the court was delivered by
Beasley, Chief Justice.
The power of the court in an attachment suit over the proceedings before the auditor, is the single question presented in this case for decision. The record before us shows that the court, on the coming in of the auditor’s report, retried the case, on the law and the facts, and, setting aside the findings of that officer, entered an independent judgment of its own. It is this exercise of judicial authority that is challenged by this writ of error.
In looking over our reports one is surprised to find so little said with respect to…
2Cases cited1 opinion
- Crousillat v. M'CallSupreme Court of Pennsylvania · 1813