Legal Opinion

Warden v. Johnson

Supreme Court of Vermont

Decided July 15, 1839PublishedCited by 4 opinions

The plaintiff commenced an action on notes against the defendant. The defendant filed a declaration on book to recover, against the plaintiff, the balance of an unliquidated account, that it might be pleaded in offset to the notes.

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The plaintiff commenced an action on notes against the defendant. The defendant filed a declaration on book to recover, against the plaintiff, the balance of an unliquidated account, that it might be pleaded in offset to the notes. Judgment to account having been rendered by the county court, in the declaration on book, an auditor was appointed, who reported, in substance, that the defendant presented his account against the plaintiff, on a slip of paper which was for “cash lent as per request, $15,00 ;” — that the defendant never charged the money on either his day book or leger, though he…

1Opinion of the Court

The opinion of the court was delivered by

Williams C. J.

It is for the court to inquire, whether on the two questions decided by the auditor, giving a balance in favor of Johnson, his decision was correct.

It is to be kept in mind, that the auditor is to decide upon the facts, and his decision thereon is conclusive, and further, that if he has found a fact, and allowed a charge upon improper testimony, the court are not, on this ac-account, to reject the charge, but the subject must again be sent to the same or another auditor, to give the party an opportunity to make proof by proper testimony.…

2Cited by4 opinions

  1. Stephan v. MetzgerMissouri Court of Appeals · 1902
  2. Stockwell v. Stockwell's EstateSupreme Court of Vermont · 1918
  3. Plimpton v. GleasonSupreme Court of Vermont · 1885
  4. Warren & Bliss v. BishopSupreme Court of Vermont · 1850

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