Henderson v. Foster

Decision Date08 January 1903
Citation182 Mass. 447,65 N.E. 810
PartiesHENDERSON v. FOSTER.
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court
COUNSEL

Ralph W. Bartlett, for plaintiff.

Francis S. Hesseltine, for defendant.

OPINION

KNOWLTON, C.J.

This bill presents two questions, both of which are answered by the authorities. The plaintiff filed a large number of exceptions to the master's report, nearly all of which are founded on objections to findings of fact in regard to which there is no report of evidence. She also asked to have the report recommitted for a statement of the evidence. It is plain that the findings cannot be revised without the evidence, and it is equally plain that the motion to recommit was addressed to the discretion of the court. Ordinarily such a motion will not be granted in the absence of a special reason for making it. Nichols v. Ela, 124 Mass. 333; Parker v. Nickerson, 137 Mass. 487; Freeland v. Wright, 154 Mass. 493, 28 N.E. 678. Nothing appears in the present case to show that the court improperly exercised its discretion in denying the motion.

The other question is whether the decree is warranted by the pleadings and the master's report. Of this there can be no doubt. Freeland v. Wright, 154 Mass. 493, 28 N.E. 678; Langmaid v. Reed, 159 Mass. 409, 34 N.E. 593. So far as any question of law enters into any of the master's findings, there is nothing to show that he made an error.

Decree affirmed.

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25 cases
  • American Circular Loom Co. v. Wilson
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • March 4, 1908
    ... ... determine whether it would recommit the master's report ... as requested at different times by each party. Henderson ... v. Foster, 182 Mass ... [198 Mass. 211] ... 447, 65 N.E. 810; Eddy v. Fogg, 192 Mass. 543, 78 ... N.E. 549. We find no error in the ... ...
  • Webster v. Kelly 
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • March 3, 1931
    ...overruled rightly. Whether the evidence should be reported or not rested in the sound discretion of the trial judge. Henderson v. Foster, 182 Mass. 447, 65 N. E. 810;Cunningham v. Worcester Five Cents Savings Bank, 223 Mass. 361, 363, 111 N. E. 898;Forino Co., Inc., v. Karnheim, 240 Mass. 5......
  • Kilkus v. Shakman
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • January 6, 1926
    ...inclusion of certain evidence presents no question of law. Its disposition rested in the sound discretion of the court. Henderson v. Foster, 182 Mass. 447, 65 N. E. 810. It follows that the interlocutory decree overruling the exceptions to the master's report and confirming the report must ......
  • Stevens v. Rockport Granite Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • February 25, 1914
    ... ... The general motion to ... recommit the case to the master was addressed to the ... discretion of the court. Henderson v. Foster, 182 ... Mass. 447, 65 N.E. 810. There is nothing to indicate that ... this discretion was not exercised wisely. The refusal of the ... ...
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