Mathewson v. Estate of Sargeant
Supreme Court of Vermont
Assumpsit. General counts. Plea the general issue and statute of limitations. Trial by jury, May Term, 1862, Barrett, J., presiding. The claim was for board and maintenance of a minor son. It appeared that in 1855 the plaintiff commenced an action on book account against Calvin Sargeant for the same cause as that presented in this action, and the case was referred to an auditor.
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Assumpsit. General counts. Plea the general issue and statute of limitations. Trial by jury, May Term, 1862, Barrett, J., presiding. The claim was for board and maintenance of a minor son. It appeared that in 1855 the plaintiff commenced an action on book account against Calvin Sargeant for the same cause as that presented in this action, and the case was referred to an auditor. At the hearing Sargeant was duly sworn and testified, and was fully cross examined by the plaintiff, but before the auditor returned his report into court, Sargeant died, and the cause was terminated and the costs…
1Opinion of the CourtPeck, J.
The only question is whether the evidence introduced on the part of the defence to show what Calvin Sargeant, the deceased, testified in his life time before the auditor was properly admitted. This is substantially the same suit in which Sargeant gave his testimony before the auditor. By force of the statute'the suit on the death of Sargeant was carried before the commissioners on his estate, and this is an appeal from their decision. The suit is substantially between the same parties. The plaintiff is the same, and the defendant is the representative *144of the original defendant. The subject…
2Cited by2 opinions
- Parsons v. ParsonsSupreme Court of Missouri · 1870
- French v. WareSupreme Court of Vermont · 1892