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49 Vt. 500

Marcy v. Merrifield

Supreme Court of Vermont

Decided February 15, 1877

Supreme Court of Vermont · decided 1877-02-15

Book Account. Tbe auditor reported that plaintiff presented a statement of his claim against the defendant, and claimed to recover as therein stated, and set out the statement in the report. That plaintiff offered in evidence the depositions of David W. Cheever, M. D., and Henry O. Marcy, M. D., and offered no other evidence of any kind. That defendant produced no evidence, but claimed that on the evidence produced by plaintiff, he was not entitled to recover.

Decided 1877-02-15

¶1The opinion of the court was delivered by

Redfield, J.

¶2I. The deposition of the plaintiff is legally admissible. He is made a general witness by the statute for all purposes ; and his testimony may be given in any form allowable to other witnesses.

¶3II. The auditor has made no report of the facts required of him. He has sent up a copy of the evidence, with his indorsement that he thinks it entitled to credit. If it should be inferred from the evidence stated that the patient treated by the plaintiff was the defendant’s wife, it would not necessarily follow that he thereby became liable to pay this bill. Although this court should infer that the County Court found such facts as the evidence tended to prove, yet, we think this is a case where the facts should be distinctly stated.

¶4Judgment reversed, and case remanded, that the facts may be stated.

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