Lamb v. Fairbanks
Supreme Court of Vermont
Assumpsit for money had and received. Judgment for plaintiff, no question being made as to the sum for which judgment should be rendered. Plaintiff moved for a certified execution under s. 24. c. 121, Gen. Sts.
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Assumpsit for money had and received. Judgment for plaintiff, no question being made as to the sum for which judgment should be rendered. Plaintiff moved for a certified execution under s. 24. c. 121, Gen. Sts. It was agreed that the amount received by defendant of plaintiff, was for the purpose -of being invested by defendant for plaintiff in some interest-bearing bonds, defendant to be paid a reasonable compensation for his services in that behalf, and that defendant held said funds in that character and capacity, without permission or right to use the same for any other purpose, till…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, Ch. J.
-The only question before us in this case is, whether or not the County Court erred in ordering the issue of what is called a certified execution. In cases of this kind, all questions of fact are to be determined by the County Court; and all facts found by that court that the evidence tends to prove, are conclusive, and those findings cannot be revised in this court. The decision of the County Court upon all matters resting in the discretion of that court, cannot be revised here. Whether upon the facts found, that court had the legal…
2Cited by2 opinions
- Wells v. CochranNebraska Supreme Court · 1909
- Gale v. GaleSupreme Court of Vermont · 1898