Notes - Jury—Trial—Appointment and Hearing by Master Does Not Affect Right to Jury Trial.—Creglar v. Hyde

Abstract

The plaintiff sued to set aside a trustee\u27s deed in favor of the defendant. After the case was set for trial on the jury docket, the court appointed a master in chancery. The plaintiff\u27s objections to the appointment and to the master\u27s report were overruled and he was not allowed to submit any evidence to the court, which adopted the master\u27s findings. Held, reversed and remanded; the court is authorized to appoint a master only in exceptional cases and for good cause, and if the plaintiff objects to the report, he is entitled to a jury trial on the disputed issues