Johnson v. Dexter
Supreme Court of Vermont
Book Account. The auditor reported that the plaintiff presented an account, and presented and proved the account book of his intestate, and also introduced other testimony tending to sustain a part of the items of said account and rested.
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Book Account. The auditor reported that the plaintiff presented an account, and presented and proved the account book of his intestate, and also introduced other testimony tending to sustain a part of the items of said account and rested. The defendant presented no account on her part, and stated that her defence to the plaintiff’s account was that the same had been settled and paid by her in the life time of the intestate, though no evidence of a settlement appeared on his books. The defendant is the widow of Silas Dexter, and never kept any book of accounts. Daniel and Silas Dexter were…
1Opinion of the Court
Poland, Ch. J.
We have entertained great doubts whether the question which has been argued before us, is really so raised by the exceptions that we ought to consider it. The exception taken in the county court, was to the rendition of a judgment by the court upon the report of the auditor. Properly that judgment must be treated as founded upon the facts which the auditor has found and reported, and no question is made but those facts would support the judgment which the court rendered. Where the real objection is that the referee or auditor allowed improper testimony to be introduced before…
2Cited by6 opinions
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
- Paska v. SaundersSupreme Court of Vermont · 1931
- Stephan v. MetzgerMissouri Court of Appeals · 1902
- Hunter v. Kittredge's EstateSupreme Court of Vermont · 1868
- McKane v. GordonSupreme Court of Vermont · 1911
1 more not listed; retrieve them via the Exa API.