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59 Ill. App. 376

Friedman v. Schoengen

Appellate Court of Illinois

Decided June 24, 1895

Appellate Court of Illinois · decided 1895-06-24

<p>1, Equity Practice—Exceptions to Master’s Report.—An exception to a master’s report should specifically point out, by reference, the par-evidence relied upon to support it. The court can not be called upon to search through a mass of proofs to find evidence to sustain exceptions to a master’s report.</p> <p>2. Master’s Report—Presumptions in Favor.—Every presumption which exists in favor of the verdict of a jury is in favor of a master’s report upon the facts.</p>

Cited by 6 later decisions — most recently January 1897

6 state decisions

Relies on Dean v. Emerson · Huling v. Farwell · Brown v. McKay

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1895-06-24

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Mr. Presiding Justice Waterman

¶1delivered the opinion of the Court.

¶2This was a petition by appellees, sub-contractors, to be allowed a mechanic’s lien.

¶3The petition was answered by appellants, denying many of the material allegations of the petition and setting up new matter as a defense thereto.

¶4According to the abstract the cause was referred to a master “to take proofs and report conclusions.” This would probably be construed to mean to report his conclusions as to the law and evidence—a useful and proper order.

¶5Upon such an order the master does not report the “ proofs ” presented to him; and exceptions to his report must be based upon facts stated in it. Brown v. McKay, 51 Ill. App. 295; Hodson v. Eugene Glass Co., 54 Ill. App. 248.

¶6Turning to the record we find that the order of the court was to take proofs of all the material allegations in the “ bill,” and report the same, with his opinions on the law and the .evidence.

¶7The master seems to have taken proofs not only of the “material allegations of the bill,” but also as to the new matter set up, affirmatively, in the answer, and to have reported all of such proofs, with his conclusions thereon.

¶8To this report, objections filed before and overruled by the master were refilled in court as-exceptions. All of these exceptions are based upon the proofs, not upon the master’s conclusions as to the facts. They might properly have been overruled, because there was not, as to either, any specific pointing out, by definite reference or citation, the particular evidence relied upon to maintain the exception; on the contrary, the chancellor was asked to search through the entire mass of proofs and find evidence which would sustain the exception.

¶9Such a course renders the report of the master of no assistance to the court, and is one which it is under no obligation to tolerate. Huling v. Farwell, 33 Ill. App. 238; Heffron v. Gore, 37 Ill. App. 257; Brown v. McKay, 51 Ill. App. 295; Hodson et al. v. Eugene Glass Co., 54 Ill. App. 248; Daniell’S Ch. Pr. 1300-1315-1317.

¶10Every presumption which exists in favor of a verdict of a jury is in support of a master’s report.upon the facts. Dean v. Emerson, 102 Mass. 480; Adams v. Brown, 7 Cush. 220. The exceptions to the master’s report were properly overruled.

¶11The decree of the Circuit Court is affirmed.

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