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Vouch

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

2 To call upon — in attestation; to attest; to affirm, confirm, support, prove; to aver that a thing is true. " Vouched by witnesses " imports the same as testified by witnesses, called into court. A note subscribed by two persons cannot be said to be vouched by witnesses, until the persons are called and testify before a court respecting the note.^ Vouchee. A person called to attest or vparrant.

Vouclier. 1.

Calling in a person, to answer in a real action, who warranted the title to the defendant; also, such warrantor himself. Thus, in a common recovery, the tenant vouched another to warrant his title. If the vouchee appeared, he was made defendant in place of the voucher.* 3. An instrument which attests, warrants, maintains, bears witness.^ A document which serves to vouch the truth of an account, or to confirm and establish facts of any kind. 6 Evidence, written or otherwise, of the truth of a fact — as, that services have been performed, or expenses paid or incurred.' An account-book in which charges and acquittances are entered; also, any acquittance or receipt, discharging a person or being evidence of payment.8 In connection with the disbursement of moneys, implies some written or printed instrument in the nature of a receipt, note, account, bill of particulars, or something of that character which shows on what account or by what authority a particular payment has been made, and which may be kept or filed away hy the party receiving it, for his own convenience or protection, or that of the public." While it is true that receipts are not indispensable, it is still "the imperative duty " of registers of wills, of auditors of the accounts of executors, admiaistra- 1 1 Morawetz, Friv. Corp. § 476 o. As to the meaning of " majority of votes cast," in popular elections, see Walker v. Oswald, 68 Md. 146 (1887) - High License Act of 1888: 27 Am. Law Beg. 516-19 (1888), cases, contra. s F. voucher, to cite, pray in aid of a suit: L. vocare, to call to or upon. s Baker v. Coit, 1 Eoot, 235 (1790). « [3 Bl. Com. 300; Coke, Litt. 101 b. • State V. Hickman, 8 N. J. L. 301 (1826). • [People V. Green, 5 Daly, 199 (1874), Daly, 0. J.; 66 N. T. 476. ' Brown v. Green, 46 How. Fr. 301 (1873): People v. Haws, 12 Abb. Pr. 202 (1861). B Whitwell V. Willard, 1 Mete. 218 (Mass., 1840), Shaw, tors, etc., and of the.ludges of orphans' courts, " to require some distinct and definite form of. proof to establish the validity of demands against dead mens' estates." ' i That municipal vouchers are non-negotiable, see Negotiable.