Vouch

In old English law. To call; to call to warranty; to call on a

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.

To call; to call to warranty, v. caU upon a grantor or other warrantor V. Ejectment. Vouchee: the one vouched.

To call in; to require a warrantor to defend the title; to summon. Voucher, or vouchor: one who calls his warrantor in to defend the title. Vouchee: a warrantor summoned to defend the title which he warranted. Voucher is a word of art, used when the tenant in a writ of right called another into the court who was bound to him to warranty; and was either to defend the right against the demandant, or yield him other lands to the value, &c. And it extended to lands or tenements of freehold or inheritance, and not to any chattel real, personal, or mixed: he that vouched was called the voucher, and he that was vouched is the vouchee; and the process whereby the vouchee was called was a summoneas ad warrantizandum. There was also a foreign voucher, when the tenant being impleaded within a particular jurisdiction, as in London, vouched one to warranty in some other county out of the jurisdiction of that court, and prayed that he might be summoned, &c. Jacob. Vouching to warranty, in the old form of real action for the recovery of land, was the calling in of some person to answer the action, who had warranted the title of the tenant or defendant to the land in question. If the vouchee appeared, he was made if he afterwards made default, recovery might then be had against the original defendant, who in his turn might recover over an equivalent in value against the deficient vouchee. This was the form used in common recoveries, which were grounded on a writ of entry, — a species of action that relied chiefly on the weakness of the tenant's title. The tenant thereupon vouched the warrantor, or person who had warranted the title. The process of calling the vouchee was styled a summoneas (or summons) ad warrantizandum. Modey Sf W.