Wood v. Barney
Supreme Court of Vermont
This was an appeal from an allowance of commissioners in favor of the estate of JYathaniel Stearns. The administrator having filed a declaration on book account against the appellant, auditors were appointed to adjust the accounts of the parties, and a report was afterwards made thereon to the county court, in which they reported a balance due to the estate of Stearns of two hundred and eight dollars and eighty-three cents.
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This was an appeal from an allowance of commissioners in favor of the estate of JYathaniel Stearns. The administrator having filed a declaration on book account against the appellant, auditors were appointed to adjust the accounts of the parties, and a report was afterwards made thereon to the county court, in which they reported a balance due to the estate of Stearns of two hundred and eight dollars and eighty-three cents. It appeared by the report, That the appellant contended before the auditors, that all charges made by either party more than six years before the sitting of the…
1Opinion of the Court
The opinion of the Court was delivered by
Prentiss, J.
The report of the auditors contains a statement of the testimony, given on the one hand to impeach, and on the other to support, the credit of the intestate’s book ; but as the auditors were the proper judges of the weight of this, as of all the other testimony heard by them, their opinion upon it cannot be made the ground of an exception to their report. It is the province of auditors to find, and their duty in all cases, if requested, to report, the facts proved by the evidence laid before them ; and it is not the practice of the Court,…
2Cases cited1 opinion
- Cogswell v. DolliverMassachusetts Supreme Judicial Court · 1806
3Cited by4 opinions
- Backman v. WrightSupreme Court of Vermont · 1855
- Abbey v. OwensMississippi Supreme Court · 1880
- Dodge v. MoultonSupreme Court of Vermont · 1869
- Storer v. HaskellSupreme Court of Vermont · 1877