Lowry v. Keyes
Supreme Court of Vermont
This was an action of book account, brought to recover for the following items of charge, viz; 1814, February, Serving writ, Fanal v. Young, #0 29 1817, July, do. do.
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This was an action of book account, brought to recover for the following items of charge, viz; 1814, February, Serving writ, Fanal v. Young, #0 29 1817, July, do. do. Self v. Page, 83 “ November, To cash, 10,00 1818, March 27, Serving 8 warrants, 8,00 *' “ 29, Serving 7 warrants, 7,00 Fees on execution, 48 « a 77 w August 26, Serving writ, Self v. Holgate, 95 28,32 Interest 22 years, 37,38 #65,70 1823, To cash paid, 28,06 Judgment to account was rendered by the county court and the case referred to an auditor, who reported that he found the first eight items of the plaintiff’s account truly…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
We do not perceive any sufficient reason to doubt the correctness of the decision of the county court in relation to the charge for money paid. For whether the auditor disallowed it, on the ground that the evidence was ££ insufficient,” in that it did not gain credit with him, or that it did not show "such a payment of money as could be properly charged on book, it involving a question of special indemnity and consequential damage, the decision of the auditor would, in the first case, be final and not subject to *74revision by the court; and,…
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