34 Vt. 73 | Vt. | 1861
In this cause, the defendant filed his declaration on book account against the plaintiff, in offset, under the statute ; and the questions now made arise on exceptions taken by the defendant to the report of the auditor in this cross action of book account.”
The defendant excepted to the decision of the auditor allowing a charge of five dollars in the account of the plaintiff against the defendant “ for chopping eight cords of wood.” In respect
The defendant also excepted to the report of the auditor, for the reason that the auditor rejected that part of the defendant’s account against the plaintiff, which accrued from transactions between them on account of a tract of land which they owned as tenants in common. The statement in the defendant’s exceptions, that there was no evidence before the auditor tending to ■prove the facts found and reported by him in respect to the subject matter of this exception, is not only unsupported by the report of the auditor, but it is wholly inconsistent with the statements of the report. For aught that appears from the report, the decision and findings of the auditor in reference to the subject of this exception rested upon competent and sufficient evidence ; and this should be presumed until the contrary is properly shown. We find no question of law arising upon the report in this particular.
No other exceptions were taken by the defendant to the report of the auditor;, and these exceptions having, in our opinion, been properly overruled, the judgment of the county court in favor of the plaintiff on the report is affirmed.