McLaughlin v. Hill
Supreme Court of Vermont
This was a suit originally commenced before a Justice, appealed to the County Court, where an auditor was appointed, who reported that he found due the plaintiff .f 12, 40 cts., together with the following facts : “ That at the trial, the defendant exhibited no account, and the plaintiff exhibited an account consisting of two items amounting to ten dollars, which your auditor finds were delivered by the plaintiff to the defendant in February, 1828. The defendant then offered…
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This was a suit originally commenced before a Justice, appealed to the County Court, where an auditor was appointed, who reported that he found due the plaintiff .f 12, 40 cts., together with the following facts : “ That at the trial, the defendant exhibited no account, and the plaintiff exhibited an account consisting of two items amounting to ten dollars, which your auditor finds were delivered by the plaintiff to the defendant in February, 1828. The defendant then offered the record of a judgement recovered before Seymour Eggleston, Justice of the Peace, on the last Thursday of May, A. D.…
1Opinion of the Court
The opinion of the Court was pronounced by
MattocKS, J.
— Several questions are now presented upon the report of the auditor. First, was the previous judgement before the Justice a bar to this action ? The 8th Sec. of Stat. relating to accounts says, “The auditors shall adjust all accounts existing between the parties of a similar nature and in the same right to the time of making their •eport;” and the 4th Sec. of the Justice Act, No. 3, authorizes a Justice to enquire of the parties upon oath rela*24tive to their respective accounts. These, it is believed, are the only statutes that affect this…
2Cases cited1 opinion
- Stevens v. Richards, Trusdell, & Co.Supreme Court of Vermont · 1827
3Cited by10 opinions
- Hall v. ArmstrongSupreme Court of Vermont · 1893
- Town of Berlin v. Town of WorcesterSupreme Court of Vermont · 1877
- Hapgood v. SouthgateSupreme Court of Vermont · 1849
- Stevens v. DamonSupreme Court of Vermont · 1857
- Warren v. Town of NewfaneSupreme Court of Vermont · 1853
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