Legal Opinion

Stevens v. Pearson

Supreme Court of Vermont

Decided March 15, 1833PublishedCited by 3 opinions

This was an action for money had and received, brought by the plaintiff, before Justice Fairchild, to recover $100. There were no pleadings before the Justice. — Judgement was rendered without trial, for defendant. Whereupon, plaintiff appealed to the County Court. At the first term in the County Court, the defendant plead the General Issue and the Statute of Limitations.

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This was an action for money had and received, brought by the plaintiff, before Justice Fairchild, to recover $100. There were no pleadings before the Justice. — Judgement was rendered without trial, for defendant. Whereupon, plaintiff appealed to the County Court. At the first term in the County Court, the defendant plead the General Issue and the Statute of Limitations. At the second term, this action was referred to John Dewey.— On short notice to the defendant, and without a full hearing of the case before the referee, at the May Term, 1832, said Dewey made report in substance, That said…

1Opinion of the Court

The opinion of the Court was delivered by

Williams, J.

The question now before us is, whether the County Court erred in accepting the report of the ref*506erees. The first report made by the referee appears to be a general one. There are two additional reports made by the same referee, [f these were made by the permission or direction of the County Court, they are to be received as part of the original report. If they have been procured from the referee after the first report was returned into and filed in the County Court, without the order or permission of the Court, they ought to be wholly…

2Cited by3 opinions

  1. Byrd v. OdemSupreme Court of Alabama · 1846
  2. Parkhurst v. SpaldingSupreme Court of Vermont · 1845
  3. Potter v. ThompsonSupreme Court of Vermont · 1892

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