Hodges's Admr. v. Hodges's Estate
Supreme Court of Vermont
Appeal from a decision of the probate court disallowing* the claim of plaintiff, as administrator of the estate of Maria H. Hodges, presented to the commissioners on the estate of Eugene H. Plodges, Rutland County, March Term, 1915, Waterman, J.„ presiding.
Read the full summary
Appeal from a decision of the probate court disallowing* the claim of plaintiff, as administrator of the estate of Maria H. Hodges, presented to the commissioners on the estate of Eugene H. Plodges, Rutland County, March Term, 1915, Waterman, J.„ presiding. The declaration filed in the probate court in taking the appeal is in account, setting forth that Maria H. Hodges, Eugene H. Hodges, and one Edward W. Hodges, were tenants in common, each owning an equal undivided one-third share or interest of and in certain real estate and personal property, consisting of, etc.; whereof Eugene H. Hodges,…
1Opinion of the CourtWatson, J.
At common law the action of account does not lie where more than two parties, having separate and distinct interests, are concerned, the remedy being in a court of chancery, for the reason that a court of law can not render several and distinct judgments in one action. Wiswell v. Wilkins, 4 Vt. 137; Brinsmaid v. Mayo, 9 Vt. 31; Wood v. Merrow, 25 Vt. 340; Newell v. Humphrey, 37 Vt. 265; Stevens v. Coburn, 71 Vt. 261, 44 Atl. 354. But by statute (P. S. 1806) the action of account may be maintained where there are more than two parties having such interests, to settle and adjust their accounts…
2Cases cited14 opinions
- Adams v. AdamsSupreme Court of Vermont · 1849
- Mathewson v. MathewsonSupreme Court of Vermont · 1908
- King v. White & HammondSupreme Court of Vermont · 1890
- Wiswell v. WilkinsSupreme Court of Vermont · 1832
- Brinsmaid v. MayoSupreme Court of Vermont · 1837
9 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Watson v. PayneSupreme Court of Vermont · 1920
- In Re Fisher's EstateSupreme Court of Vermont · 1931
- Hodges v. Hodges's EstateSupreme Court of Vermont · 1916