44 Vt. 543 | Vt. | 1872
The opinion of the court was delivered by
The referee has found that the plaintiff’s charge for the services of Ebenezer Hutchinson ought not to be allowed. This is equivalent to finding that his employment about the arbitration was not reasonable, and if so, the plaintiff is not entitled to recover for his services, though she had paid for them. The referee has attached to and made a part of his report the affidavit of Mr. Hutchinson, but has not found that the statements in the affidavit are true. The county court were not, therefore, at liberty to treat the statements in the affidavit as true, and from them find the charge for Mr. Hutchinson’s services reasonable, and overrule its disallowance by the referee. The.county court is not a tribunal for finding facts, unless made such by the assent of the
Judgment of the county court is reversed, and judgment rendered for the plaintiff on the report for 1134.01.