Equity — Practice — Adjudication — Exceptions — Accounting — Stipulation of parties — Arbitration — Review of accounts and report by accountant — Depositions.
1. In a suit in equity for an accounting, in which it appeared that the parties stipulated that, pursuant to Rule 65, a named certified public accountant be appointed as an assessor, that he review the accounts of the parties and submit a report setting forth the amount which either party should pay to the other party, and that the cost of the assessor should be paid as provided in the stipulation; that exceptions to the accountant's report, filed by defendants and heard by the court in banc, were dismissed and a decree was entered in favor of plaintiffs in the amount found by the assessor; and that the court below held that the accountant selected by the parties was, in effect an arbitrator, and that in view of the procedure adopted by the parties, it was not required to file an adjudication and to permit exceptions after the filing of the adjudication; it was Held that the decree of the court below should be affirmed. [571-7]
2. It was Held, in the circumstances, that the court below did not commit reversible error in refusing defendants permission to take the deposition of a third person. [577]
OPINION PER CURIAM, June 28, 1954:
The decree in this case is affirmed on the opinion of the court below.