Legal Opinion

Sargeant v. Town of Sunderland

Supreme Court of Vermont

Decided February 15, 1849PublishedCited by 4 opinions

Book Account. The plaintiff’s writ bore date October 25, 1844. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows.

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Book Account. The plaintiff’s writ bore date October 25, 1844. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows. The plaintiff’s account was for services and disbursements as an - attorney, from 1830 to 1835, except the last'item, which accrued in December, 1843, and which was for fees, as judge of probate, for issuing a commission upon an application for inquisition in reference to a person represented by the overseer of the poor of Sunderland to be so much impaired in intellect, as to be incapable of managing…

1Opinion of the Court

The opinion of the court was delivered by

Kellogg, J.

This was an action on book account, and the questions presented for the consideration of this court arise upon the auditor’s report. The county court rendered judgment upon the report for the plaintiff.

It is urged, in opposition to the judgment, that the plaintiff’s account is barred by the statute of limitations. It is true, that the debit side of the plaintiff’s account shows all the charges, except one, to have been of more than six years’ standing anterior to the commencement of this suit; and consequently the statute bar must prevail,…

2Cases cited2 opinions

  1. Phelps v. StewartSupreme Court of Vermont · 1839
  2. May v. CorlewSupreme Court of Vermont · 1831

3Cited by4 opinions

  1. Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
  2. McKinstry v. CollinsSupreme Court of Vermont · 1904
  3. New York Central Railroad v. ClarkSupreme Court of Vermont · 1918
  4. Brock v. BruceSupreme Court of Vermont · 1887

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