Hudson v. Hudson

Atkinson, Justice.

1-2. The present case was an ordinary action at law,- but under the pleadings filed, involved a settlement of complicated accounts. No equitable relief was prayed, or would *148have been authorized by the pleadings. The cause was referred to an auditor; his report covered conclusions both of law and of fact. Exceptions of fact were filed, as well as exceptions of law. The party filing -the exceptions did not expressly waive the right of trial by jury, but notwithstanding this, the court proceeded to determine all questions, both of law and fact, and found adversely to the…