I sit here to decide according to law ; and. that not admitting of the evidence now offered, I cannot admit; it. If you make aground by affidavit, for believing that you ought to have an allowance, directions may be given Lor exhibiting the evidence before the master; but we will in the meaa t-hsis, proceed on the argument of the exceptions. .
Nash v. Taylor, 3 N.C. 174, 2 Hayw. 174 (1802)
April 1802
·
North Carolina Superior Court
3 N.C. 174, 2 Hayw. 174
Nash vs. Taylor.
HP HE master-reported-, and exceptions were taken to the re=. port: but the exceptant omitted an exception to the sum of;' ■f.96, with which.the defendant, an executor, was charged j arid *175with respect r,o which sum, he now offered a record of the county court of Franklin, to prove it bad been recovered by him 5 and, the defendant imprisoned by ca. *«. had broken gaol.
It was insisted for the defendant, that there being such plans proof of the injustice of this charge, that the court would correct if, although this record had not been produced before the master s or if it was the rale on this subject, that evidence could not now be received to impeach this item, because not excepted to, that the court, rather than do injustice, would adopt some mode to let the defendant into the benefit of it, either by postponing the argument of the exceptions, and giving time to go before th<= master as to this item, or by some other mean,
Mr. Williams for the complainant,
read a passage from Harrison, which stated that no evidence could now be offered which had not been offered before the master.