Bliss v. Anaconda Copper Mining Co.
U.S. Circuit Court for the District of Montana
In Equity. On motion to require master to file report. An order of reference was made in this case against the objection of the complainant. The substance of the order was that the master should take the testimony, and make findings of fact, and report the same to the court.
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In Equity. On motion to require master to file report. An order of reference was made in this case against the objection of the complainant. The substance of the order was that the master should take the testimony, and make findings of fact, and report the same to the court. The master made a draft of his findings, and gave to each party a copy thereof, and announced that, upon a day fixed, he would receive from the respective counsel any written objections, exceptions or proposed amendments to the draft served. Counsel for complainant objected to the action of the master, and demanded that…
1Opinion of the CourtHunt, District Judge
(after stating the facts as above). The reference in this case having been without consent of both parties, rule 52 of the rules of the court is not directly applicable. That rule presupposes reference by consent. In such cases it is plain that exceptions to the report of the master must be taken before him and stated in his report. Therefore, as there is no rule of court that controls, we must arrive at a proper practice by reason and analogous cases. There can be no doubt that the information to be communicated by the findings of the master upon the evidence he has heard will be merely…
2Cases cited12 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Story v. LivingstonSupreme Court of the United States · 1839
- Sheffield & Birmingham Coal, Iron & Railway Co. v. GordonSupreme Court of the United States · 1894
- McMicken v. PerinSupreme Court of the United States · 1856
- Carlisle v. Mercantile Trust Co.Court of Appeals for the Sixth Circuit · 1901
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3Cited by3 opinions
- Bliss v. Anaconda Copper Mining Co.U.S. Circuit Court for the District of Montana · 1909
- Tietzel v. Southwestern Const. Co.New Mexico Supreme Court · 1939
- Holt Mfg. Co. v. C. L. Best Gas Traction Co.District Court, N.D. California · 1917