Burton v. Estate of Barlow
Supreme Court of Vermont
Petition to the County Court for an appeal from the Probate Court. Heard April Term, 1882, Royce, Ch. J., presiding. Appeal allowed.
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Petition to the County Court for an appeal from the Probate Court. Heard April Term, 1882, Royce, Ch. J., presiding. Appeal allowed. The petition alleged that the estate of Hiram Barlow, late of Fairfield, was indebted in a great amount to the petitioner ; that he was dissatisfied with the allowance of claims by the commissioners in favor of several other creditors; that he applied in writing for an appeal; that it was granted; that he filed with the Probate Court such a bond as it required ; that the appeal was entered in the County Court, and, on motion of the appellee, was dismissed by…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The subject-matter of the former litigation was not the same as the subject-matter of this. There the question was, whether an appeal had been properly taken and entered. Here the question is, whether the petitioner has been deprived of taking an appeal by fraud, accident, or mistake. The result of the former litigation necessitated a resort to this proceeding, and. it would be strange to hold the matter to be res judicata.
It is further objected that the petitioner has no right of appeal, for that it does not appear that he is a creditor of…
2Cited by8 opinions
- East Montpelier v. MontpelierSupreme Court of Vermont · 1892
- Lillie v. Lillie's EstateSupreme Court of Vermont · 1884
- Munger v. VerderSupreme Court of Vermont · 1887
- Myers v. MitchellSouth Dakota Supreme Court · 1890
- Everson & Co. v. International Granite Co.Supreme Court of Vermont · 1893
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