Campbell v. Wilson
Supreme Court of Vermont
ERROR, from Grand-Isle county court The grounds of the errors relied upon were, 1st That the court referred the cause to an auditor, notwithstanding it was an action on book account, originally commenced before a justice of the peace. 2dly. That the court appointed Joel Allen, one of the judges of the same court, to be the auditor.
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ERROR, from Grand-Isle county court The grounds of the errors relied upon were, 1st That the court referred the cause to an auditor, notwithstanding it was an action on book account, originally commenced before a justice of the peace. 2dly. That the court appointed Joel Allen, one of the judges of the same court, to be the auditor. At the next term after the judgment complained of was rendered, the county court, on motion of the plaintiff, (the present defendant in error,) amended their record; from which record, as amended, it appeared that Joel Allen was appointed the auditor upon the…
1Opinion of the Court
The Court declined hearing counsel on the other side, and their opinion was delivered by
Prentiss, J.
It is unnecessary to give any opinion upon the general question, whether actions on book account, brought to the county court by appeal from a justice, are to be referred to auditors, like actions of that nature originally commenced in the county court, or are to be tried, and the sum in arrear to be found by the jury; because, it appears from the record, that the reference to the auditor, in this case, was by the agreement and consent of the parties. The court has power to refer a cause by…
2Cited by1 opinion
- Howard v. ConroSupreme Court of Vermont · 1829