Stoddard v. Chapin
Supreme Court of Vermont
This was an action of book account, appealed from a justice of the peace, in which there was a judgment to account, in the county court, and a reference to an auditor.
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This was an action of book account, appealed from a justice of the peace, in which there was a judgment to account, in the county court, and a reference to an auditor. The auditor reported that the parties having appeared before him, — “ The plaintiff exhibited his account against the defendant, of which the following is a copy : 1837. Ziba Chapin to Abiel Stoddard, Dr. To 1 days’ work, by Rufus Cobb, 84 May or June, cash delivered wife, 5.00 Oct., 1838, overpaid on note, 50 Cr. By cash to balance days’ work, ■ $ 6.34 84 5.50 " On the hearing of the case, the auditor reports, that the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The only subject of dispute in this action is, whether the county court was correct in rendering judgment for the plaintiff to recover the two charges, one of five dollars as cash delivered the wife of the defendant, and the other of fifty cents for money overpaid on note. If the county court were incorrect in allowing these charges, judgment should have been for the defendant, and this would have carried the cost, which has increased to a large amount.
On reports of auditors, the county court are only to decide questions of law'arising…
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