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4 Va. 478

Cutting v. Carter

Virginia Chancery Court

Decided February 15, 1810

Virginia Chancery Court · decided 1810-02-15

THIS case was sent to the Chancellor in the last vaca» tión, for an order for an account, while the cause stood at rules.

Decided 1810-02-15

By the Chancellor.

¶1An order for an account is not to be made as of course, and should not be directed, but upon a hearing, unless the parties consent. The application was therefore premature; but where it would be proper, as for instance, in all cases where the cause is ready for a decision, which cannot be had without an account, it should not be directed in vacation, without notice to the adverse party or his counsel.

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