Arthurton v. Durkee
Supreme Court of Vermont
In Error. A mistake in the assessment of damages, not apparent from the record, whether the cause was tried by the Court or Jury, cannot be assigned for error. THIS cause came up on a writ of error from the County Court for the County of Chittenden.
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In Error. A mistake in the assessment of damages, not apparent from the record, whether the cause was tried by the Court or Jury, cannot be assigned for error. THIS cause came up on a writ of error from the County Court for the County of Chittenden. Jirah Durkee brought an action of assumpsit in the Court below, against Samuel Arthurton, and Nathaniel Jones, on a note or contract in writing, in the words following: — “For value received we promise to pay and deliver to Jirab Durkee at the rafting place below Onion River Falls, by the first day of May next, one thousand pieces of clear stuff…
1Opinion of the CourtAiKENS, J.
Error from the County to the Supreme Court lies only upon matter of law, arising upon the face of the proceedings, as certified *22us ^7 the C0Py °f the record. The errors assigned, in this case, do not appear in the process, or record of the judgment, which this writ is brought to reverse. They are errors -in fact, appearing only from the averment of the party, and being unsupported by the record cannot be recognised by this Court.
The plaintiffs in error, if the facts alleged by them be true, have mistaken their remedy. They should either by motion at the ¡ ame term, or by petition at a…
2Cited by1 opinion
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