Harris v. Belden
Supreme Court of Vermont
General Assumpsit. Plea, the general issue. The case was referred, and after report filed, whereby more than 11900 was found due plaintiffs, the court, Barrett, J., presiding, allowed plaintiffs to raise the ad damnum from $1500 to $2500 ; to which defendants excepted. Judgment for plaintiffs on report.
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
When a cause is referred by consent of parties, as this cause was, the whole case, including all that any amendment the court could allow would embrace, is referred to the referee, and the judgment is to be entered on his report, whether the amendments, if any are needed, are actually made or not. This is too well settled to require any reference to particular cases. They are scattered all along in the reports. So when this case was referred, it was referred to be tried as if any amendment that was necessary to cover the plaintiffs’ cause of…
2Cited by4 opinions
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- Dupona v. BennySupreme Court of Vermont · 1972
- Santerre v. SylvesterSupreme Court of Vermont · 1937
- Wood v. Travelers Indemnity Co.Supreme Court of Vermont · 1970