First National Bank v. Estate of Waite
Supreme Court of Vermont
Motion by insolvent debtor to have cause decided at a former term brought forward and heard. A discharge is not granted if the debtor “ has admitted a false or fictitious debt against his estate.” R. L. s. 1853. Cannot he be heard in any court where the case is pending, to show that the debt was false, See. ? The debtor is subject always to examination; and the judges of the Supreme Court shall make rules for regulating the practice and conducting the business, &c.
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Motion by insolvent debtor to have cause decided at a former term brought forward and heard. A discharge is not granted if the debtor “ has admitted a false or fictitious debt against his estate.” R. L. s. 1853. Cannot he be heard in any court where the case is pending, to show that the debt was false, See. ? The debtor is subject always to examination; and the judges of the Supreme Court shall make rules for regulating the practice and conducting the business, &c. R. L. ss. 1789, 1839; Shaw, Ch. J., in. 3 Gray, 115; Chamberlain v. Hall, 3 Gray, 250; Mass. Ins. Law, s. 85. Under the probate…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The First National Bank of Brattleboro presented a claim against the estate of Silas M. Waite, in insolvency. The case passed to the County Court, and was referred by consent of the parties, and heard upon the referee’s report. Judgment was rendered for plaintiff, and the case passed upon exceptions to the Supreme Court for Windham .County at its February Term, 1884. A stipulation was entered into by the bank and the assignees of the Waite estate, that the judgment of the County Court might be, and it was, affirmed. Counsel appeared for Waite…
2Cited by2 opinions
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- Fellows v. HoytSupreme Court of New Hampshire · 1897