A Selection of Cases Illustrating Equity Pleading And Practice, With Definitions And Rules of the United States Supreme Court Relating Thereto

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Was any credit refused which was claimed except that of the f 1,000 to Morse? That we have said, was rightly refused. Was he not allowed all other credits on the general account of expenditures? Did the defendant, whilst the reference was in progress, or after the STOKY "V. LIVINGSTON. 241 report upon it was made, clajm any credit by the exhibition of any account? Did he ask to introduce any evidence to the master in support of any credit? Did he claim any other credit than such as are to be fo...und in the account, giving on his own oath a statement of his expenditures, and of the rents of the property from 10th August, 1822, to the 26th January, 1829 ? Nothing of the kind appears.
On the contrary, there is in the report a statement by the master which is conclusive of the fact, as it has not been de- nied, that the defendant, though repeatedly called upon, and after having repeatedly promised to give an account, and hav- ing had five weeks to furnish it, refused to give any account.
The parties were summoned to the reference, by the master, on the _6th of March.


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