Opinion
(June Term, 1843.)
A commissioner to whom a matter has been referred by the court should state in his report all the evidence upon which the report is founded; otherwise, the report will be set aside.
THIS case had been referred by order of the court to a commissioner to make certain inquiries, and the report was now made. The defendant excepted because the commissioner had not set forth the evidence adduced before him.
No counsel for plaintiffs.
Alexander for defendants.
The defendants have excepted to the report of the commissioner made in this cause, because he hath not reported therewith the testimony upon which it is made. (622) This exception must be allowed. The party against whom any matter referred to a commissioner hath been found is entitled to appeal from his judgment to the court; and it is essential, therefore, that the testimony heard by the commissioner upon that inquiry should be all put in writing and accompany the report.
PER CURIAM. Report set aside.
Cited: Cain v. Nicholson, 77 N.C. 412.
(623)