Blin v. Pierce
Supreme Court of Vermont
Book Account. The suit was brought originally to the county court; judgment to account was rendered, and an auditor was appointed. At the hearing before the auditor the plaintiff presented his account, which accrued in 1841, and amounted to ninety one dollars and fifty cents, as «charged at the time when the action was commenced, and he claimed to be allowed $26,89 as interest, — which was first charged at the hearing before the auditor.
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Book Account. The suit was brought originally to the county court; judgment to account was rendered, and an auditor was appointed. At the hearing before the auditor the plaintiff presented his account, which accrued in 1841, and amounted to ninety one dollars and fifty cents, as «charged at the time when the action was commenced, and he claimed to be allowed $26,89 as interest, — which was first charged at the hearing before the auditor. The plaintiff’s account was for labor upon a plank road in Canada and for expenses incident thereto. The plaintiff was employed by the defendant alone, and…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
We see no objection to the jurisdiction of the county court. Though the principal of the plaintiff’s account was less than one hundred dollars, yet the interest, which was demanda-ble, and which the plaintiff charged and claimed before the auditor, raised the claim above that sum. The plaintiff might probably have brought his action before a justice of the peace by waiving his claim for interest; but he was not bound so to do. The right to charge H^gim^iricident to the account and constituted a proper item
*29state of facts it has been…
2Cases cited1 opinion
- Mandeville v. WelchSupreme Court of the United States · 1820
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