Mills Max & Co. v. Brownell
Supreme Court of Vermont
This was an action on book accotint, in which judgement to account was rendered in the county court, and the accounts were submitted to an auditor, who had the parties before him, and audited their accounts, and returned into court a long speeial report, presenting several points of controversy, and many documents, relating to the grant of a lottery to one Jabez Rogers, in the year 1791, authorizing him to raise £1,200 to remunerate his loss of a brewery by fire. §undry…
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This was an action on book accotint, in which judgement to account was rendered in the county court, and the accounts were submitted to an auditor, who had the parties before him, and audited their accounts, and returned into court a long speeial report, presenting several points of controversy, and many documents, relating to the grant of a lottery to one Jabez Rogers, in the year 1791, authorizing him to raise £1,200 to remunerate his loss of a brewery by fire. §undry exceptions were taken by the defendant to this report, calculated to affect the allowances made by the auditor in favor of…
1Opinion of the Court
Hutchinson, C. J.,
pronounced the openion of the Court.This cause was argued a year ago, and not decided ; but 1a~d over for further argument. After the full argument at this term, we are all agreed upon the points of sufficient importance to be noticed inour decision.
The plaintiffs’ counsel urge, as an answer to some of the defendant’s exceptions to the report, that these points should have *468been presented by pleading to the action, and not litigated before the auditor. Upon this we may observe, the provisions of our statute require the auditor to adjust all accounts down to the day of his…
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