4 Vt. 49 | Vt. | 1832
delivered - the opinion of the Court.— There appears to be not much in controversy in the present case, except what depends upon the weight of evidence ; and we have no more to do with that, than we should have in any writ of error. And, in this respect, there is no diSerence, whether the action comes up by appeal, or by exceptions to the decision of the county court. We can hold appellate jurisdiction from the county court only to revise their decisions upon matters of law, arising from the facts, in some way placed upon the record. If the disclosure of the trustee is treated as true, let the judges certify, that they found the facts to be as stated in the disclosure. If there is other testimony, also, let them certify, in detail, what facts they find proved by the disclosure and other testimony. The disclosure itself may be so defective and incoherent, that no person can believe all the facts it contains. And, while we admit other testimony, either to contradictor support the disclosure, as
The defendant has urged one further objection ; that the court were not warranted in adjudging Page as trustee of the monies of Parker, when one note was merely for so many pairs of shoes. The exceptions show, that the court found, from the disclosure, that the note payable in shoes had become due and payable.. Hence they set a value upon the shoes, and considered that value to be money in his hands. Were it our province to-decide upon the evidence, we should consider it as well warranting the decision of the county court. The note for shoes was-payable on demand. The disclosure states his undertaking to pay divers money debts on account of it, to nearly its value, and says-the remainder is due. If, by its being due, might not be intended that it was payable, yet his undertaking to pay so many money debts, well warranted the presumption that the shoes had been demanded, and the note become payable in money..
The judgement of the county court is affirmed..