Supreme Court of Vermont January 15, 1879 (Morse v. Beers)

The opinion of the court was delivered by

Dunton, J.

Upon the hearing before the referee, the plaintiff was allowed to amend his declaration by adding thereto the general or common counts. This the referee had no authority to do ; but the defendant was not prejudiced thereby, as the referee found that the plaintiff was entitled to recover only upon the original count in the declaration.