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1 Mich. N.P. 139

Wise v. Gale

Circuit Court of the 16th Circuit of Michigan

Decided March 15, 1870

Circuit Court of the 16th Circuit of Michigan · decided 1870-03-15

Exceptions to Commissioner’s report. This case was originally heard beiore Judge Green, in 1807, upon pleadings and proofs, and a decree made by which it was referred to a Commissioner to take a mutual account between the parties who were co-partners, and directing the basis upon which the accounts should be taken, and especially how much; and the value of defendant’s services over one half (if any) of the whole time.

Cited in Black's (1891)’s definition of “Affidavit”

Decided 1870-03-15

¶1By the Court,

Mitchell, J.

¶2The interlocutory decree was: final, so far as it fixed the basis upon which the accounting wasf directed, and the Commissioner properly overruled all testimony tending to change or vary that basis.

¶3The Court will not change or send back the report for recomputation, unless errors are clearly pointed out; nor go through* the proofs to see if the Court would arrive at the same or ar different conclusion from the Commissioner, it appearing that there was proof sufficient to sustain his report. Unless clear errors are shown, the Commissioner’s report must be treated as-a special verdict or finding by the Court.

¶4All the exceptions are overruled, and the overruling of exceptions is equivalent to and a confirmation oí the report.

¶5In order to obtaining a final decree it was necessary that m notice should be given for further directions.

¶6The interlocutory decree is so far final as to control the basis oí the report and final decree, and for the purposes oí review must be held and treated as part oí the final decree.

¶7Notice lor further directions required.

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