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1 Va. 201

Johnson v. White's Exrs.

New York Court of Chancery

Decided March 2, 1807

New York Court of Chancery · decided 1807-03-02

Upon an appeal from a decree of Pittsylvania County Court. In tbis cause, master Commissioner Greenhcw made a report to the last term; and, early in the present term, the decree of the court below was reversed, and a decree entered agreeably to the report of the Commissioner, to which no exceptions were then filed: and now Mr. Wick-ham, counsel for the appellees, moved to set aside the decree and to file exceptions to the report.

Decided 1807-03-02

Per Curiam.

¶1The eighteenth rule of this court requires that exceptions to reports should be filed thirty days before the term, at which they may be acted upon; but, notwithstanding this, the rule will not be so construed as, at any time, to preclude a party from the benefit of exceptions; but the hearing of the cause is not to be delayed on that account; nor, unless the exceptions are filed within the time prescribed by the rule, and good cause be shown.

¶2The exceptions may now be filed; and the. entry so amended, as to let it appear they have been overruled; the court not perceiving in them any reasonable objection to the decree as it now stands.

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