¶1said, that if these objections to the master’s execution of the reference were valid, they should have been made before such master had heard and decided the matters pending before him upon the reference. He said a party could not lie by, and take the chance of a report in his favor, and then avail himself of an objection of this kind, when he found the report was adverse to his interest; and that it was also too late to object to the regularity of a report after the defendant had excepted to such report.
11 Paige Ch. 385
Johnson v. Swart
Decided January 7, 1845
New York Court of Chancery · decided 1845-01-07
This was an application, on the part of the defendant, to set aside a master’s report, upon a reference under a decree of the court, upon the ground that the master was prejudiced against the defendant-; and because he had been concerned as an attorney in another suit in which similar questions had arisen.
Decided 1845-01-07