Singer Manufacturing Co. v. Williamson

MerrimoN, J. The report complained of, was not void, and on that account it was necessary to recommit it; on the contrary, it efficiently served the purpose of the reference, and was sufficient in the absence of objection taken to it, by exception, in apt time. When the objection, in a case like this, is, that the evidence is not reported, or the facts are not specifically found, the objection must be taken by exception, in which the ground of it must be set out with reasonable certainty, so that the opposing party can have just opportunity to controvert it, and the Court can see what the objection is — its nature and extent. The Court allowed the parties sixty days, after the report was filed, within which to except to it. This was ample time for the purpose. The defendant did not do so within that time, or at all. As he did not, the reasonable inference was, that he was satisfied with it. He was bound to be diligent; he could not be allowed to wait until the case was called for hearing, and then interpose objections, by motion, that he had ample opportunity to make, in apt time, by proper exceptions. If, for some possible reason, he could not have excepted, when regularly he should have done so, the Court might, in its discretion, still have allowed him to except, but the exercise of such discretion is notreviewable here. It is not sufficient, that a party has ground of objection — he must avail himself of it, at the proper time, andlin the proper way. Any other course would give rise to injustice and confusion. State *86 v. Peebles, 67 N. C., 97; University v. Lassiter, 83 N. C., 38; Long v. Logan, 86 N. C., 535. There is no error, and the judgment must be affirmed. Judgment affirmed.