Sawyer v. Doane
Supreme Court of Vermont
IN ERROR. THE plaintiffs below brought their action of assumpsit against Sawyer, on a note of hand. Pending the action in the county court, the same was referred, by the agreement of the parties, to referees, who, at the next term of said court, returned their report, which was in common form, finding for the plaintiff the amount of the note.
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IN ERROR. THE plaintiffs below brought their action of assumpsit against Sawyer, on a note of hand. Pending the action in the county court, the same was referred, by the agreement of the parties, to referees, who, at the next term of said court, returned their report, which was in common form, finding for the plaintiff the amount of the note. Appended to. the report, was a certificate, signed hy one of the referees, as chairman, stating, that op the hearing before the referees, the defendant admitted the execution of the note ; but, hy way of defence, offered to prove by an affidavit oí one…
1Opinion of the Court
Skinner, Ch. J.
delivered the opinion of the Court.
The rules by which the Courts are governed, in accepting or rejecting the reports of auditors, and the reports of referees, are very different. In the former, to err in point of law, is fatal; but in the latter, the same principles have obtained here, as in a court of chancery, upon awards. That which would be cause for setting aside an award of arbitration in chancery; as mistake in point of fact, corruption and gross partiality, would be cause for rejecting the report of referees. But, in this case, there is no evidence before the Court, of…
2Cited by1 opinion
- Kimball v. Estate of BaxterSupreme Court of Vermont · 1854