Porter & Ballard v. Munger
Supreme Court of Vermont
Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts as follows. The plaintiffs offered as a witness James L. Porter, to whom the defendant objected, as being interested in the event of the suit; and testimony was introduced, tending to prove such interest. The witness thereupon made and executed a full release of all his interest in the result of the suit, and delivered the release to the plaintiffs’ counsel.
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Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts as follows. The plaintiffs offered as a witness James L. Porter, to whom the defendant objected, as being interested in the event of the suit; and testimony was introduced, tending to prove such interest. The witness thereupon made and executed a full release of all his interest in the result of the suit, and delivered the release to the plaintiffs’ counsel. The defendant still objected to the admission of the witness, for the reason that the plaintiffs’ counsel had no authority to receive…
1Opinion of the Court
*195The opinion of the court was delivered by
Poland, J.
The first question, arising upon the report of the auditor in the present case, relates to the admission of Janies L. Porter as a witness for the plaintiffs.
The auditor reports, that evidence was introduced, tending to show that he was interested, whereupon the witness executed a full release and discharge of all his interest in the suit, and delivered the same to the plaintiffs’ counsel; that the defendant then objected to the witness for the reason, that the plaintiffs’ counsel had no authority to receive such discharge; but that the…
2Cases cited3 opinions
- Church v. GilmanNew York Supreme Court · 1836
- Tompkins v. WheelerSupreme Court of the United States · 1842
- Pickering v. FiskSupreme Court of Vermont · 1834
3Cited by5 opinions
- Pioneer Credit Corporation v. CardenSupreme Court of Vermont · 1968
- Vermont & Canada Railroad v. Vermont Central RailroadSupreme Court of Vermont · 1861
- Kopelke v. KopelkeIndiana Supreme Court · 1887
- Kent v. BowkerSupreme Court of Vermont · 1865
- Eastern States Agricultural & Industrial Exposition, Inc. v. Estate of VailSupreme Court of Vermont · 1923