State v. Howard
Supreme Court of Vermont
General Assumpsit. Plea, the general issue with notice, and four special pleas, each relying on the allegations that each item in question had been fully and fairly presented to the auditor of accounts, by whom they were duly allowed, and that they were later paid byGhe state treasurer. Trial by jury at the September Term, 1907, Orleans County, Miles, J., presiding. Verdict and judgment for the plaintiff. Each party excepted. The opinion states the case.
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General Assumpsit. Plea, the general issue with notice, and four special pleas, each relying on the allegations that each item in question had been fully and fairly presented to the auditor of accounts, by whom they were duly allowed, and that they were later paid byGhe state treasurer. Trial by jury at the September Term, 1907, Orleans County, Miles, J., presiding. Verdict and judgment for the plaintiff. Each party excepted. The opinion states the case. The auditor is not a judicial officer, but a mere agent of the State. Gavimon v. Insurance Go., 79 Mo. 225; Sears v. Stone Go., 105 Mo. 236.…
1Opinion of the CourtMunson, J.
The State prosecutes this suit to recover sums claimed to have been illegally charged by the defendant for his services and expenses as railroad commissioner. The case is here upon exceptions taken by both parties. The question presented is regarding the effect of an allowance of the charges by the auditor of accounts. The defendant claims that a determination of the auditor is in the nature of a judgment, and conclusive of the rights of the parties. The State argues that the auditor is not a judicial officer, but merely an agent with limited powers, whose unauthorized act has no binding…
2Cases cited35 opinions
- Decatur v. PauldingSupreme Court of the United States · 1840
- Mississippi v. JohnsonSupreme Court of the United States · 1867
- McElrath v. United StatesSupreme Court of the United States · 1880
- Wisconsin Central Railroad v. United StatesSupreme Court of the United States · 1896
- Grider v. TallySupreme Court of Alabama · 1884
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3Cited by25 opinions
- State v. Illinois Central RailroadIllinois Supreme Court · 1910
- Libercent v. AldrichSupreme Court of Vermont · 1987
- Sabre v. Rutland RailroadSupreme Court of Vermont · 1913
- Dean Napolitano v. Kim Flynn, Individually and Sheila Prue, Individually and Stonewall, Inc., Kim Flynn, Individually and Sheila Prue, IndividuallyCourt of Appeals for the Second Circuit · 1991
- Davidson v. WhitehillSupreme Court of Vermont · 1914
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