Legal Opinion

Flower Brook Manufacturing Co. v. Buck

Supreme Court of Vermont

Decided January 15, 1844PublishedCited by 1 opinion

Book Account. The auditor'reported that a balance was due to the plaintiffs, but did not append to his report copies of the accounts of the parties, nor in any manner set them out. The defendant excepted to the report in the county court.

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Book Account. The auditor'reported that a balance was due to the plaintiffs, but did not append to his report copies of the accounts of the parties, nor in any manner set them out. The defendant excepted to the report in the county court. It appeared, that, at the time of the hearing before the auditor, the auditor asked the plaintiffs’ attorney, if it was necessary to report copies of said accounts, — who replied, that, by the Revised Statutes, it was not necessary ; this conversation was had in the presence of the defendant, who made no objection. The. county court accepted the report.…

1Opinion of the Court

The opinion of the court was delivered by

Hebard, J.

The auditor has submitted nothing to the court, except that he finds a certain balance due to the plaintiff, — and the question now to be decided is, whether it was necessary that he should have done any thing more than that.

We think it was his duty to have returned copies of the accounts of the parties, specifying the items which he allowed and those disallowed. The expression of the statute is, “ that when the auditor shall have adjusted the accounts, and made report thereon,” &c.; and we think that, ex vi termini, it imports this. If it…

2Cited by1 opinion

  1. Croker v. GoodnowSupreme Court of Vermont · 1870

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