Page:Federal Reporter, 1st Series, Volume 2.djvu/760

 FARMEES LOAN & TEUST CO. V. CENT. B. E. OF lOWA. -753 �In addition to that there was no proeeeding before the court asking such a thing. There was no application before the court assailing these accounts either for error or for fraud. It is simply a general order, purporting to be made at the request of nearly ail the parties to the whole transac- tion, that the account of the receivers should be passed before the master. Now the court cannot carry in its mind, and it is not to be supposed that it can, the knowledge of accounts filed month by month, passed upon month by month by the master, and by him confirmed. It is not to be supposed that altbough the court must take judicial notice of these things, that they did actually know that such was the condition in regard to Mr. Grinnell's account, and that they knew such was not the condition in regard to other accounts, or that they knew there was any distinction between the three. �It is not to be supposed that the court had that in its mind, but it is fair to suppose that they would pass an order including ail the receivers, and instructing them in this. The receivers will pass their account subject to the rules of law concerning those accounts. If there is a receiver here who bas any account which bas not been passed before the master, he will pass the account and let it be settled. If there are two they will be settled. If there is a receiver, ail of whose accounts are passed but the last account, he will settle as to that. If there is a receiver who has an account all of which is passed h-e does not need to settle, and the order does not afifect him, escept in general terms. I cannot suppose the court meant that ail the receivers, every one of them, should appear before the master and re-open ail their reports. Suppose you go that far, what rule should the mas- ter adopt ? a different one from what had been adopted before in passing accounts?- On the oontrary, for all of them the rule would be that, as to those which bave already been passed upon, it is settled, and I will report the f act that it ia settled ; and as to those which have not been passed upon, you must come up and settle. �With that view of the subject, about which I am very clear, I am supported by Judge McCrary, and the rcsult is \ra v.2,no.9— 48 ����