Legal Opinion

Cutting v. Estate of Ellis

Supreme Court of Vermont

Decided May 15, 1894PublishedCited by 1 opinion

Appeal from an order of the probate court for the district of Washington, disallowing the claim of the claimant. In the probate court the claimant filed a declaration in general assumpsit. In the county court he amended this declaration by filing two additional counts in case. These counts the defendant moved to dismiss. Heard on this motion at the March term, 1894, Washington county, Tyler, J., presiding. Motion overruled. The defendant excepts.

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Appeal from an order of the probate court for the district of Washington, disallowing the claim of the claimant. In the probate court the claimant filed a declaration in general assumpsit. In the county court he amended this declaration by filing two additional counts in case. These counts the defendant moved to dismiss. Heard on this motion at the March term, 1894, Washington county, Tyler, J., presiding. Motion overruled. The defendant excepts. The new counts being in tort, there is a misjoinder. Williamson v. Allison, 2 East 450; Beeman v. Snow, 27 Vt. 720; Stewart v. Wilkins, Doug. 18; 2…

1Opinion of the CourtStart, J.

This is an appeal from the disallowance of a claim by commissioners. In the probate court the plaintiff filed a declaration in general assumpsit. In the county court he filed two additional counts in case. The defendant moved that these additional counts be dismissed. The court overruled the motion, and the cause comes to this court for hearing upon the defendant’s exception to this ruling.

The defendant’s motion was properly overruled. In appeals from the allowance or disallowance of claims by commissioners, the claimant is required to file a declaration, and may join in his declaration as…

2Cases cited2 opinions

  1. Abbott v. KeithSupreme Court of Vermont · 1839
  2. Francis v. Administrators of LathropeSupreme Court of Vermont · 1803

3Cited by1 opinion

  1. Est. of White v. Est. of WhiteSupreme Court of Vermont · 1897

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