Lyon v. Adams
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and auditors were appointed. June term, A. D. 1851, of the county court, on the first day of the term, the plaintiff entered on the docket of the court a non-suit; and afterwards on the same day the defendant filed the report of the auditors. The plaintiff claimed the right of entering a nonsuit in the case; to which the defendant objected, and claimed judgment on the report of the auditors.
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Book Account. Judgment to account was rendered in the county court, and auditors were appointed. June term, A. D. 1851, of the county court, on the first day of the term, the plaintiff entered on the docket of the court a non-suit; and afterwards on the same day the defendant filed the report of the auditors. The plaintiff claimed the right of entering a nonsuit in the case; to which the defendant objected, and claimed judgment on the report of the auditors. Whereupon the county court,— Piebpoint, J., presiding, — rendered judgment on the report for the defendant, and that plaintiff has not…
1Opinion of the Court
Bt the Court.
The only question arising in the present case is in reference to the right of the plaintiff in book account to become nonsuit in the action, after the case goes before the auditor. The general rule of practice in regard to actions, triable by jury, is to allow the party, as matter of right, to enter a non-suit, at any time, before the verdict.
But that rule does not apply to the action of book account, after judgment to account. The statute, by providing, that when either party, upon due notice, neglects to appear, the auditor may proceed to audit and adjust the account ex parte,…
2Cited by3 opinions
- Black River Associates, Inc. v. KoehlerSupreme Court of Vermont · 1967
- Stearns v. Administrator of StearnsSupreme Court of Vermont · 1858
- Joy v. WalkerSupreme Court of Vermont · 1856