Smith v. Watson
Supreme Court of Vermont
This was an action of book account. Judgment to account having been rendered in the county court, auditors were appointed, who afterwards reported as follows:— £ Your auditors find that the services, charged in the plain- £ tiff’s account, were at first entered on small slips of paper £ by the plaintiff for a week or more, and then transferred £ from said slips by ¡the plaintiff to his regular book, which he £ kept; that said slips were then thrown aside by the plain- ‘…
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This was an action of book account. Judgment to account having been rendered in the county court, auditors were appointed, who afterwards reported as follows:— £ Your auditors find that the services, charged in the plain- £ tiff’s account, were at first entered on small slips of paper £ by the plaintiff for a week or more, and then transferred £ from said slips by ¡the plaintiff to his regular book, which he £ kept; that said slips were then thrown aside by the plain- ‘ tiff, and were lost or destroyed. The defendant objected ‘ to the plaintiff’s book as not containing the original entries,…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
In reversing the judgment of the county court, accepting the report of the auditors, we must bear in mind that the auditors were judges of the facts, and with their determination thereon we have nothing to do. But when they state all the facts, as they have done in this case, and it appears they will not warrant the inference which the auditors have made, their decision may be reexamined by the court. In the case of Clark & Meigs v. Waterman, 7 Vt. R. 76, the facts were reported by the auditor and the court, on those facts, rendered…
2Cited by12 opinions
- McGuire v. . HughesNew York Court of Appeals · 1913
- Meisenbach v. Southern Cooperage Co.Missouri Court of Appeals · 1891
- MacGuire v. HughesAppellate Division of the Supreme Court of the State of New York · 1908
- Norton v. RourkeSupreme Court of Georgia · 1908
- Holmes v. McKimSupreme Court of Iowa · 1899
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