Gilbert v. Toby
Supreme Court of Vermont
Book Account. Judgment to account was rendered, and an auditor was appointed. It appeared from the auditor’s report, that the plaintiff, to sustain bis account against the defendants, offered in evidence the deposition of the defendant Stone; which was objected to by the defendant Toby, for the reason, — 1, That the deposition of a party is not admissible before the auditor ; — 2, That the certificate of the magistrate, before whom the deposition was taken, did not show,…
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Book Account. Judgment to account was rendered, and an auditor was appointed. It appeared from the auditor’s report, that the plaintiff, to sustain bis account against the defendants, offered in evidence the deposition of the defendant Stone; which was objected to by the defendant Toby, for the reason, — 1, That the deposition of a party is not admissible before the auditor ; — 2, That the certificate of the magistrate, before whom the deposition was taken, did not show, that notice of its taking was given to the defendants ; — but it was admitted by the defendant Toby, on trial, that he had…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
This is an action of book account; and the exceptions taken arise upon the auditor’s report.' The auditor, at the hearing, upon the application of the plaintiff, admitted the deposition of the defendant Stone; although objected to by the defendant Toby.
That the depositions of the parties, in actions on book account, are inadmissible as such, though by statute the parties are made competent witnesses, was settled by the case of Pike v. Blake, 8 Vt. 400. The statute, authorizing the parties in book account actions to testify to their…
2Cases cited1 opinion
- Pike v. BlakeSupreme Court of Vermont · 1836