Shipman v. Fletcher

22 S.E. 458, 91 Va. 473, 1895 Va. LEXIS 44
CourtSupreme Court of Virginia
DecidedJune 13, 1895
StatusPublished
Cited by62 cases

This text of 22 S.E. 458 (Shipman v. Fletcher) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shipman v. Fletcher, 22 S.E. 458, 91 Va. 473, 1895 Va. LEXIS 44 (Va. 1895).

Opinion

Riely, J.,

delivered the opinion of the court.

This is the sequel of the case of Shipman v. Fletcher, reported in 82 Va. 601, and in 83 Va. 349.

By the first decision made by this court (82 Va. 601), the award of John A. Baker and F. L. Moore, to whose arbitration William Fletcber and John J. Shipman had submitted all [475]*475matters of indebtedness between them, except such as arose from the work done by them on the James Creek Canal, was set aside and annulled, and the matters embraced by the arbitration directed to be referred by the Circuit Court to one of its commissioners in chancery for account and report.

While the appeal assailing the validity of the award Avas pending in this court, an account Avas taken and settled and report thereof made to the Circuit Court, by a special commissioner appointed by it for the purpose, of the matters of indebtedness between Shipman and Fletcher growing out of the James Creek Canal contract. In taking and settling this account, the commissioner excluded from consideration all matters embraced in the arbitration, because they had been adjudicated, and Avere covered by the award. The second appeal Avas taken from the decree of the Circuit Court affirming the report of the speciaL commissioner and was based on the ground that the commissioner had erred in not considering and embracing in his settlement all the partnership transactions between the parties,- which were alleged to be so connected and related as to cause injustice, if settled separately. By the decision of this court on this appeal (83 Va. 349), the decree of the Circuit Court confirming the report of the special commissioner, was reversed, and an account directed to be taken of all of said matters, as well those embraced in the arbitration as those done under the contract for the James Creek Canal.

In pursuance of these mandates of this court, the Circuit Court by its tAvo decrees of March 21, 1887 and June 2, 1887, appointed John S. Fowler a special commissioner to take, settle and make report of all of said matters between John J. Shipman and William Fletcher. The commissioner, upon such settlement, brought William Fletcher in debt to John J. Shipman in the sum of §14,457.28 with interest thereon from April 1, 1876. To this report, eighteen exceptions were taken by John J. Shipman, and fifty-five by William Fletcher. Some [476]*476of the exceptions of each party were sustained and the others overruled by the court, and the commissioner directed to reform his report in accordance with the rulings of the court. His report, when reformed, brought John J. Shipman in debt to William Fletcher in the sum of $500.33 with interest from April 1, 1877. To the reformed report, the plaintiff John J. Shipman, filed thirty exceptions, and the defendant William Fletcher filed six.

A part of these exceptions were sustained and the others overruled. After giving the credits and making the deductions made necessary by the disposition by the court of the exceptions, a balance of $828.88, with interest thereon from April 1, 1887, was ascertained to be due from John J. Ship-man to William Fletcher, and for this sum and the costs of the suit a decree was entered by the court in favor of William Fletcher against John J. Shipman. From this decree John J. Shipman obtained an appeal from this court.

The account, settled and returned Dy Commissioner Fowler, was made up not only from the books and papers produced before him by the parties, but also from the depositions of witnesses. Much of the testimony of the witnesses is very conflicting and eminently unsatisfactory. It was earnestly argued and pressed with much force upon the attention and consideration of the court that the matters which the commissioner was called to pass upon and settle, being matters of fact, the court should have accepted his findings as conclusive, overruled the exceptions taken to his report, and confirmed it, and decreed according to the indebtedness ascertained by the commissioner.

This argument involves the consideration of the office of a commissioner in chancery, and the weight and effect to be given by the court to his report.

In a suit in equity, unlike in an action at law, matters of fact as well as questions of law are by the constitution and [477]*477immemorial practice of the court determined and adjudicated by it. It is impracticable for the chancellor to investigate the matters of fact arising in a cause and take the testimony to that end; to state and settle the necessary accounts, which are often very complicated; to ascertain and classify the liens upon the property; and to perform other functions of a similar nature necessary to the proper adjudication of the matters of law and fact arising in the varied and important litigation, which pertains to its jurisdiction.

Commissioners in chancery are appointed to assist the chancellor and to relieve him in a large measure of these and other duties incidental to the progress and determination of the cause. For this reason they have been aptly termed the “arms of the court.” But from the very necessity of their appointment and the nature of their office, their work is subject to the review of the court. It may accept or reject it, in whole or in part, as its judgment, upon such review, may dictate, whether it be of law or fact. Commissioners are to assist the court, not to supplant it. There is a wide difference between the trial and decision of a suit in equity and of an action at law. In the former, the court finds and decides upon both the facts and the law; while in the latter the jury are the triers of the facts, and the court expounds the law. There is no proper likeness between the report of a commissioner upon matters of fact, and the verdict of a jury. In an action at law, jurors are, under the law, the judges of the facts, and where the testimony is conflicting their verdict is conclusive. . They are not in any sense the agents or assistants of a court of law, but perform within their appointed sphere a principal function of judicial trial. The court has a limited revisory power over their action, and may, within certain limits, set aside their verdict and award a new trial, but cannot find the facts. The facts are within the domain of the jury, and the court may not entrench upon it. But not so [478]*478■with, the commissioners of a court of equity. They are its assistants, and their work 'is subject to the absolute review of the power they are appointed to assist. A court of equity cannot abdicate its authority or powers, nor confide nor surrender absolutely to any one the performance of any of its judicial functions. It may rightfully avail itself of the eyes and arms of its assistants in the proper preparation for judicial determination of the many complicated, difficult, and intricate matters upon which its judgment is invoked, but in' it resides the authority, and to it solely belongs the responsibility, to adjudicate them. In it remains the right to form its own conclusions from the results laid before it by its commissioners, and to pronounce its own judgments. Their entire work is subject to its review, consideration, and judgment, and it is in no wise precluded from doing so by their findings or conclusions. There is no propriety, therefore, as is frequently claimed should be done, in holding, that, where the evidence is conflicting, the report of a commissioner in chancery is entitled to the same weight and should be given the same effect as the verdict of a jury.

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Bluebook (online)
22 S.E. 458, 91 Va. 473, 1895 Va. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shipman-v-fletcher-va-1895.