When it is referred back to a Master to rerview his report, he is at liberty to receive further evidence. A Master having found a certain sum due from certain parties, those parties took two exceptions to the Master’s report, by the first of which they submitted that the Master ought not to have so found and certified as he had found and certified ; and by the other of which they submitted that he ought either to have found nothing due from them, or that a certain sum, and no more, was due from them ; and they, at the same time, presented a petition praying a reference back to the Master to review his report, with certain directions as to particular items of account. The Vice-Chancellor made one order on the petition and the exceptions by which he merely allowed the exceptions, and referred it back to the Master to review his report. Held, That, under this order, the only inquiry which the Master could make was, whether anything, or a sum not exceeding the sum mentioned in the second exception, was due.
Citations:
[1838] EngR 835, (1838) 3 My and Cr 645, (1838) 40 ER 1075
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 12 April 2022; Ref: scu.312841
