Clapp v. Sturdivant

Decided April 15, 1833

Supreme Judicial Court of Maine · decided 1833-04-15

This, was a Bill in Equity, brought for the redemption of an estate under mortgage. It was originally commenced in the Court of Common Pleas pursuant to the provisions of stat. of 1821, ch. 39, sec. 1, and was brought to this Court by appeal. Two questions were presented, 1. whether it was appealable, and, 2. whether the Report of the Master made in the Court below came up in the case, and could be used here. Greenleaf and W. Goodenow, contended that it was not appealable.

Decided 1833-04-15

By the Court.

¶1We think the appeal lies in this case. It is substantially embraced in the provisions of stat. of 1829, ch. 144, sec. 1, which have not been restrained or qualified in this respect by any subsequent statutes.

¶2The Court of Common Pleas have the authority to appoint a Master — consequently, when one is appointed, who makes a Report, that Report is evidence; — and though on appeal, the judgment below is vacated, still the Report, as evidence, comes up with the case, and may be used in the same manner as a plan or an auditor’s report might be used.