Dow v. Batchelder
Supreme Court of Vermont
Book account, originally commenced before a justice of the peace. Judgment against the principal defendant and trustee, and appeal by the claimant only. The appeal was entered at the December term, 1871, and the cause continued to the next term, without an affirmance of the judgment against the principal defendant.
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Book account, originally commenced before a justice of the peace. Judgment against the principal defendant and trustee, and appeal by the claimant only. The appeal was entered at the December term, 1871, and the cause continued to the next term, without an affirmance of the judgment against the principal defendant. The principal defendant deceased before the next term ; and at that term, on motion of the claimant, and upon proof of the grant of administration and the appointment of commissioners on the estate of the defendant, the court, Ross, J., presiding, ordered the suit discontinued by…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
In a trustee suit commenced before a justice of the peace, an appeal, whether by one of the principal parties, or only by the trustee or claimant, brings the whole case into the county court as to all the parties. Where the appeal is by either of the principal parties, and no appeal by the trustee or claimant, the case is open for trial in the county court, not only as between the *61plaintiff and defendant, but also as to the trustee and claimant. Even where the plaintiff only appeals, and in his appeal claims to limit his appeal to the decision…
2Cases cited1 opinion
- Bryant v. PemberSupreme Court of Vermont · 1871
3Cited by6 opinions
- Hawley v. IsaacsonWashington Supreme Court · 1921
- Hurlburt Bros. v. HindeSupreme Court of Vermont · 1913
- Foreman Brothers Banking Co. v. HandyMichigan Supreme Court · 1925
- Abraham, Exr. v. Jones, Admr.Supreme Court of Vermont · 1935
- American Electric Service & Maintenance Co. v. HarmanSupreme Court of Vermont · 1931
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