Bates v. Kimball
Supreme Court of Vermont
Kimball, having taken out letters of administration on the estate of Barber, represented the estate insolvent; on which Commissioners were appointed by the Court of Probate, to receive, examine and adjust the claims of the several creditors to said estate.
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Kimball, having taken out letters of administration on the estate of Barber, represented the estate insolvent; on which Commissioners were appointed by the Court of Probate, to receive, examine and adjust the claims of the several creditors to said estate. Bates exhibited to said Commissioners a claim against said estate, wliich they allowed and found due thereon from said estate the sum of §596 20. And the Commissioners, within the time limited by the Court of Probate, returned to said Court a list of the claims by them allowed against said estate — which was by said Court approved and…
1Opinion of the Court
Aikens J.
delivered the opinion of the Court.
The question raised by the pleadings in this case, is upon the validity of the act of the Legislature, passed November 1,1823, set forth in the defendant’s plea in bar.
All questions arising under the constitution of this, or of the *81United States, and especially such as affect the jurisdiction of the co-ordinate departments of the Government, are questions of importance, demanding great caution in their investigation, and correctness and firmness in their decision.
It is a delicate and invidious task for one department of the Government to review the…
2Cases cited8 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Fletcher v. PeckSupreme Court of the United States · 1810
- Hayburn's CaseSupreme Court of the United States · 1792
- Dash v. Van KleeckNew York Supreme Court · 1811
- Holden v. JamesMassachusetts Supreme Judicial Court · 1814
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3Cited by18 opinions
- Sanders v. CabanissSupreme Court of Alabama · 1869
- Evans v. StateSupreme Court of Delaware · 2005
- Solomon v. Atlantis Development, Inc.Supreme Court of Vermont · 1984
- Lawson v. JeffriesMississippi Supreme Court · 1873
- Carleton & Slade v. Goodwin'sSupreme Court of Alabama · 1867
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