McClenahan v. Respass

It is assigned for error in this cause, that the court improperly set aside the two reports of the first set of commissioners. On the *276face of the second of these reports, this court can not discover any material defect or impropriety. And, on general principles, if either of the parties thought it unjust in any other respect, the adverse party should have been served with timely written notice of their intention to controvert the supposed impropriety, to have authorized the court to consider it. This not having been done, the court certainly erred in setting aside the report. The report does…