Brown v. Brown

Decided September 15, 1849

Tennessee Supreme Court · decided 1849-09-15

Id this case the clerk and master had allowed the complainant to prove various items of charge by his own oath. The Supreme Court on exceptions, G-reen, J., delivering the opinion, stated the rule as follows i A complainant seeking an account cannot charge the /respondent under'the rule allowing the accounting party to prove by his own oath to the amount of five hundred dollars in items no,t exceeding twenty dollars.

Decided 1849-09-15

GrREBN, J.,

¶1said that it was proper and allowable for a clerk and master to append to his report extracts from the proof to justify and illustrate his account, and that he approved of their so doing ; but to copy depositions at large or to take them and incorporate them into an account, and to charge as for an account, was an abuse.

¶2Nelsoit made the question whether the Court would allow for several accounts in the same case. GrREBN, J., said he thought the proper practice would be to disallow the clerk’s costs in cases where he totally misconceived an order of reference, and so took an account as to require it to be set aside in toto ; but where it was merely modified upon - exceptions, the costs would be allowed.