53 Vt. 546 | Vt. | 1881
The opinion of the court was delivered by
The evidence tended to show that the daughter, Ursula, was authorized by her father to transact quite as important matters as the payment of the ten dollars on the award. The health of the father and other sister was such as rendered it natural to vest in her authority to transact all minor business. The evidence, together with the fact that she professed to act in his behalf, and took the receipt in the name of the father, was sufficient to warrant the County Court in finding that she was authorized to make the payment.
The question of variance between the declaration and evidence is not raised in such a manner as shows that the County Court committed any error. The exceptions do not show in what particular it was claimed that the evidence varied from the declaration. By sec. 60, chap. BO, Gen. Sts. variances between the evidence and pleadings are not to be regarded by the Supreme Court, unless “ affecting the very right of the matter,” except so far as the exceptions show they were passed upon in the County Court. From the exceptions we are told that the defendant insisted there was a fatal variance between the evidence and declaration; but in what that variance consisted is not stated in the exceptions. An exception to the holding of the County Court on the ground of a general variance is not revisable by this court, unless “ affecting the very right of the matter.” The exceptions must show the particular variance upon which the County Court passed.
The only other exception insisted on, is in regard to whether the plaintiff can be allowed to prosecute the claim. The County Court have found that the claim was presented to the commissioners on the estate of Jehiel Holdridge as a claim in favor of Oscar R. Holdridge’s heirs, and not as a claim in favor of the estate of
The result is, we find no error in the proceedings of the County Court, and its judgment is affirmed and ordered to be certified to the Probate Court.