Steen v. Bennett
Supreme Court of Vermont
Assumpsit upon a promissory note executed by the defendants to Seth Herrick in his life time. Plea general issue, and trial by jury. It appeared that the action was brought to the county court by Oshea Smith, administrator of Herrick, and in whose name it was entered.
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Assumpsit upon a promissory note executed by the defendants to Seth Herrick in his life time. Plea general issue, and trial by jury. It appeared that the action was brought to the county court by Oshea Smith, administrator of Herrick, and in whose name it was entered. It further appeared that at the September Term 1850, the action stood on the docket of that term in the name of said Smith, administrator, as aforesaid, and that his counsel without leave obtained from the court for that purpose entered the name of Joseph Steen, upon the docket as administrator de honis non. That upon trial of…
1Opinion of the Court
By the Court.
It has been repeatedly decided by this court, that a decree of the probate court, within its proper sphere of jurisdiction, is equally conclusive, as that of any court of general common law jurisdiction, and entitled to the same presumptions in its favor. The matter of appointing and removing administrators is a matter exclusively within the jurisdiction of that court,S and if noth- j ing more appeared in regard to the appointment of a new administrator, than the fact, it must be presumed that a vacancy occurred, in some legal mode, unless the contrary appear upon the face of *306the…
2Cited by4 opinions
- Brock's Administrator v. FrankSupreme Court of Alabama · 1874
- Sitzman v. PacquetteWisconsin Supreme Court · 1860
- Lethbridge v. LauderWyoming Supreme Court · 1904
- Meriwether v. BlockMissouri Court of Appeals · 1888