The Vermont Statutes Online

Title 12: Court Procedure

Chapter 161: Action for an Accounting

• § 4251. Actions for accounting—jury

  The Superior Court shall have original jurisdiction in actions for an accounting other than accountings involved in the administration of trusts under Title 14A. When the defendant in such an action brought in one of the following ways pleads in defense an answer which, if true, makes him or her not liable to account, the issue thus raised may be tried to a jury:

  (1) by one joint tenant, tenant in common, or coparcener, his or her administrator or executor against the other, his or her administrator or executor, as bailiff for receiving more than his or her just proportion of any estate or interest;

  (2) by an administrator or executor against his or her coadministrator or coexecutor, who neglects to pay the debts and funeral charges of the intestate or testator, in proportion to the estate in his or her hands, and he or she may recover such proportion of such estate as is just;

  (3) by an executor, being a residuary legatee, against the coexecutor to recover his or her equal and ratable part of the estate in the hands of such coexecutor;

  (4) by a residuary legatee against the executor; or

  (5) on book account. (Amended 1971, No. 185 (Adj. Sess.), § 117, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 20, § 5; 2009, No. 154 (Adj. Sess.), § 80.)

• § 4252. Items belonging to, tried in book account

  On the trial of an action founded on book account, if it appears to the court that any item or items of account or transaction between the same parties would more properly belong to an action for an accounting, the same may be tried and adjusted in the action founded on book account.

• § 4253. Failure of defendant to appear; consequence

  In an action for an accounting, if a verdict is found against the defendant or if he or she does not appear, or appearing confesses that he or she ought to account, the court shall render judgment that he or she account. (Amended 1971, No. 185 (Adj. Sess.), § 118, eff. March 29, 1972.)

• § 4254. Defense before auditor

  The judgment to account in the action for an accounting shall not prevent the defendant from making any defense before the auditor which he or she might have made by answer in bar to the action, if the judgment to account had not been rendered.

• § 4255. Hearing by court; auditors

  When judgment to account is rendered, the court may hear, examine, and adjust the accounts between the parties or may appoint one or more auditors for such purpose.

• § 4256. Hearing by auditors; report; judgment

  Such auditors shall hear, examine, and adjust all the accounts existing between the parties of a similar nature and in the same right, to the time of hearing, and report the same within 30 days after hearing before them is finished. Unless cause to the contrary is shown, the report shall be accepted by the court as conclusive of the facts in issue submitted and judgment rendered thereon for the sum found in arrears from either party with costs.

• § 4257. Actions between partners, coparceners, or tenants in common

  In an action for an accounting, maintained by one or more partners against the other partner or partners, to settle and adjust their partnership accounts and dealings, or by one or more coparceners or tenants in common, to settle and adjust their accounts and dealings, the defendant or defendants shall have the right to trial by jury provided by section 4251 of this title. (Amended 1971, No. 185 (Adj. Sess.), § 119, eff. March 29, 1972.)

• § 4258. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.