Legal Opinion

Bliss v. Rollins

Supreme Court of Vermont

Decided March 15, 1834PublishedCited by 2 opinions

This was an action upon a promissory note, dated November 3d, 1831, payable in six months to Benjamin Bishop, Jr. or bearer, originally commenced before a justice, and brought by appeal to the county court, by whom it was, by consent of parties, referred to the determination of referees, who reported in favor of the plaintiff’s recovery of the amount of the note.

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This was an action upon a promissory note, dated November 3d, 1831, payable in six months to Benjamin Bishop, Jr. or bearer, originally commenced before a justice, and brought by appeal to the county court, by whom it was, by consent of parties, referred to the determination of referees, who reported in favor of the plaintiff’s recovery of the amount of the note. The defendant made exceptions to the report, which were overruled, the report accepted, and upon exceptions filed and allowed to this decision of the court, the cause comes here for further adjudication. The following special…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J.

— It does not appear in this case that the referees, intending to follow the law, have made a plain and apparent mistake. When they intend to follow the law, and .on a doubtful point make a mistake, yet this is not always a reason for setting aside their report, unless the mistake evidently led them to a wrong conclusion on the whole case. On this ground alone, there is no reason for setting aside the report in this case. Besides, it is apparent from the facts, as reported by the referees, that this decision was right. The defendant…

2Cited by2 opinions

  1. Learned v. BellowsSupreme Court of Vermont · 1836
  2. Martin v. Town of WellsSupreme Court of Vermont · 1871

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