Walsh v. Pierce
Supreme Court of Vermont
This was an action of book account, brought from the county court to this court, at the January term, 1839, by exceptions to the decision of the county court accepting the report of auditors and rendering a judgment thereon for the plaintiff.
Read the full summary
This was an action of book account, brought from the county court to this court, at the January term, 1839, by exceptions to the decision of the county court accepting the report of auditors and rendering a judgment thereon for the plaintiff. The judgment of the county court having been reversed by this court, the cause was again referred to audiditors, who, at the present term, report;— “ That the parties, having been duly notified, appeared be-' “ fore them on the 23d day of December, A. D. 1839, and “ having submitted their evidence and allegations, the audi- “ tors find that the first…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
— In regard to the deposition of Colburn, we think the objection came too late. The deposition was, indeed, objected to, (on specific grounds, not now urged,) before it was read to the auditors. That objection being overruled and the deposition read, 'a still further objection was started, but ruled to be out of time. That was most clearly the case. The fact that the deposition had been objected to for one reason, and admitted, did not authorize the party objecting, to raise further objections at a subsequent period. It was the same, as to…
2Cited by10 opinions
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Scales v. First State BankOregon Supreme Court · 1918
- Sharp v. KnoxMissouri Court of Appeals · 1892
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
- Town of Randolph v. Town of WoodstockSupreme Court of Vermont · 1862
5 more not listed; retrieve them via the Exa API.