Warner v. Conant
Supreme Court of Vermont
[In Chancery.] Appeal prom Chancery. The orator set forth in his bill, that the defendant sued out his writ of attachment against Henry Rice as principal defendant, and summoned the orator as the trustee of said Ricé, which was made returnable before a justice of the peace, on the second Tuesday in April, A. D. 1848, and was duly served upon the said Rice and the orator; that on the return day of said writ, the orator, through forgetfulness, neglected to attend and make his…
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[In Chancery.] Appeal prom Chancery. The orator set forth in his bill, that the defendant sued out his writ of attachment against Henry Rice as principal defendant, and summoned the orator as the trustee of said Ricé, which was made returnable before a justice of the peace, on the second Tuesday in April, A. D. 1848, and was duly served upon the said Rice and the orator; that on the return day of said writ, the orator, through forgetfulness, neglected to attend and make his disclosure, and that judgment was rendered against him by default, as trustee of said Rice, for $72,63 damages and…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The general object of this bill is to obtain a decree for the re-payment of money collected by the defendant of the orator, on an execution issued on judgment against him, as trustee of one Rice.
From the evidence which has been read in the ease, we think it more than probable, that if there had been a hearing on a disclosure, the person summoned as trustee would have been entitled to a discharge, as not having effects in his hands ; yet the conviction would be more full and perfect, if a disclosure had been made. The last settlement between…
2Cases cited4 opinions
- Montgomery Bell v. Bank of NashvilleTennessee Supreme Court · 1823
- Fletcher v. WarrenSupreme Court of Vermont · 1843
- Inhabitants of the County of Essex v. BeerySupreme Court of Vermont · 1829
- Denison v. TrueSupreme Court of Vermont · 1849
3Cited by4 opinions
- Miller v. PowersIndiana Supreme Court · 1889
- Burton v. WileySupreme Court of Vermont · 1854
- Holmes v. ClarkSupreme Court of Vermont · 1873
- Sands v. Mayor of New YorkNew York Supreme Court · 1887