Newel v. of Keith
Supreme Court of Vermont
This was an action of book aecount, in which there had been a judgment to account in the county court, and auditors appointed, two of whom made report, the third dissenting from and not having signed the report. The principal item Fn dispute was a charge in the plaintiff’s account of $240, which was a charge in gross for services rendered, and concerning which the report stated that “it was “ proved by the testimony of the plaintiff and other witness- “ es, that Col.
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This was an action of book aecount, in which there had been a judgment to account in the county court, and auditors appointed, two of whom made report, the third dissenting from and not having signed the report. The principal item Fn dispute was a charge in the plaintiff’s account of $240, which was a charge in gross for services rendered, and concerning which the report stated that “it was “ proved by the testimony of the plaintiff and other witness- “ es, that Col. Keith, then the husband of Caroline Keith, just “before his decease, requested the plaintiff to aid and assist “ and take…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
There are sundry objections urged why the report of the auditors should not have been accepted by the court below, which it is our duty to consider. It has long been considered settled, that in case of three auditors, two may make report, provided that the other sit at the hearing, though he may dissent from the maj’ority. It is doubtless necessary that the report should show that all the auditors were present a.t the hearing, which the report in this case does show. The act of the major part will be conclusive, and will be regarded as the…
2Cited by17 opinions
- Redfield v. Ystalyfera Iron Co.Supreme Court of the United States · 1884
- Richmond & I. Const. Co. v. Richmond, N., I. & B. R.Court of Appeals for the Sixth Circuit · 1895
- Langdon v. Town of CastletonSupreme Court of Vermont · 1858
- Radcliffe v. ChavesNew Mexico Supreme Court · 1910
- First National Bank v. Town of Mount TaborSupreme Court of Vermont · 1879
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