Carr v. Cornell
Supreme Court of Vermont
This was an action on hook account, in which the wife of the defendant was offered a witness for her husband, and excluded by the auditor. The county court affirmed this decision. On exceptions to that decision, the cause was brought up to this Court, and here argued. The facts will be fully understood from the arguments, and the opinion of tbé Court.
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This was an action on hook account, in which the wife of the defendant was offered a witness for her husband, and excluded by the auditor. The county court affirmed this decision. On exceptions to that decision, the cause was brought up to this Court, and here argued. The facts will be fully understood from the arguments, and the opinion of tbé Court. The question presented in this case, for the decision of the Court, is, whether the auditor improperly rejected the defendant’s wife, offered by him as a witness. The report states, that the defendant offered his wife to prove, that she made the…
1Opinion of the Court
Hutchinson, C. J.,
pronounced the opinion of the Court.— It appears by the report of the auditor in this case, that the parties exhibited their mutual accounts before him ; and that of the plaintiff exceeded that of the defendant, by a small sum •, and he reported a balance in favor of the plaintiff, after disallowing some items of the defendant’s account. The county court rendered judgement for the plaintiff on the report, and the defendant excepted to the decision, and brought the action up to this Court. One question only is now presented : that is, whether the auditor did right in…
2Cited by5 opinions
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