Page:Federal Reporter, 1st Series, Volume 7.djvu/47

 BBIDQES V. SHEIiDON. 85 �by setting aside the findings of faots not shown by any evi- dence, or which are contrary to the evidence, and vrhen er- rors in law have controlled or influence d the finding of material facts; but this tevisory power of the court has never been considered as covering a right for a party to appeal from the master to the court upon disputed ques- tions of fact, determined by the master as matters of fact upon conflicting testimony. Green v. Bishop, 1 Cliff, 186. The question here is purely one of fact ; it arose upon the pleadings, and either party might have had it tried and de- termined upon evidence taken, according to the usual course, before the cause went to the master. The cause went to the master by consent, without this issue being tried ; it has now been tried and determined as a question of fact, arising upon conflicting testimony, by him. To review his decision upon it now would be a rehearing of it upon, in effect, an appeal ; and more, it would be allowing the party to come back to the court for the trial of a question voluntarily taken from the court to the master. Such a course is not according to the well-settled practice in such cases. The parties have had a full trial and decision of the question by the master, after his attention had been directly called to its controlling impor- tance in the views of the court. To diaturb his conclusion would be a departure from the usual course, which the court would not be warranted in taking, and to which neither party would be entitled. The exceptions to the disallowance of this item are overruled. �The computation of interest upon the items and balances, as they now stand allowed and disallowed, at the rate allowed, remains to be made. It must be made under the supervision of the master, or of the court. The reports do not furnish means for causing it to be made by the court readily, The cause is, therefore, recommitted to the master for the pur- pose of having the computation made. No order has yet been made as to costs. If any question is to be made about costs, upon any questions before the master, as at the hear- ing it was suggested there might be, the cause is also recom- ��� �