Legal Opinion

Gale v. Cooper

Supreme Court of Vermont

Decided July 15, 1839PublishedCited by 2 opinions

This was an action of book account., Judgment to account having been rendered by the county court, an auditor was appointed, who afterwards reported a balance due from the defendant to the plaintiff, and made a special report of the facts proved. The county court accepted the report and rendered judgment for the plaintiff to recover his damages and costs, and the defendant excepted.

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This was an action of book account., Judgment to account having been rendered by the county court, an auditor was appointed, who afterwards reported a balance due from the defendant to the plaintiff, and made a special report of the facts proved. The county court accepted the report and rendered judgment for the plaintiff to recover his damages and costs, and the defendant excepted. The only question presented for the consideration of this court was, whether the plaintiff was entitled to costs in this action. It appeared from the report of the auditor, that the defendant prayed out a writ, in…

1Opinion of the Court

*598The opinion of the court was delivered by

Williams, C. J.

The exception to the report of the auditor has not been urged in the argument, but the only question is, whether the plaintiff or defendant, or either are entitled to cost. All the cost in the case, whether it accrued in the trial before the auditor or before the county court, should be taxed by the county court, and unless exceptions are taken to particular items, as whether too much or too little travel, &c., werel allowed, and the facts in relation thereto are stated by the county court, they cannot be noticed by this court. For this…

2Cited by2 opinions

  1. Davenport v. HubbardSupreme Court of Vermont · 1873
  2. Gilson v. BinghamSupreme Court of Vermont · 1871

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