Read v. Barlow
Supreme Court of Vermont
IN ERROR. AN action on book account was brought by Barlow against Reed, before a justice of the peace, and by appeal, was removed to the county court, where judgment to account, by confession of defendant, was rendered, and the cause sent to an auditor, who made report to the Court in favour of Barlow, (the plaintiff below,) for the sum of one hundred dollars, which was objected to by the defendant, but accepted by the Court, under a rule, that same should be set aside, in…
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IN ERROR. AN action on book account was brought by Barlow against Reed, before a justice of the peace, and by appeal, was removed to the county court, where judgment to account, by confession of defendant, was rendered, and the cause sent to an auditor, who made report to the Court in favour of Barlow, (the plaintiff below,) for the sum of one hundred dollars, which was objected to by the defendant, but accepted by the Court, under a rule, that same should be set aside, in case the' Court should be of opinion that from the case stated, and agreed to by the parties, it ought not to be…
1Opinion of the Court
Skinnbr, Ch. J.
delivered the opinion of the Court.
One ground taken in support of the judgment is, that the defendant below, by giving judgment to account, has waived any objection to the form of action, and is thereby concluded, so that he cannot object to the propriety of the charges on book.
It has long been well settled, that a confession to account in an action on book account, does not conclude the defendant as to any article charged. The course has been, not to require the plaintiff, on oyer, to verify his account by oath : and in the hearing before the auditor, he is not confined to the…
2Cited by4 opinions
- Wilkins v. StevensSupreme Court of Vermont · 1836
- Delaware v. StauntonSupreme Court of Vermont · 1836
- Hodges v. FoxSupreme Court of Vermont · 1863
- Bundy v. AyerSupreme Court of Vermont · 1846