Heirs of Smith v. Rix
Supreme Court of Vermont
This was an appeal from the probate court, on the petition of the heirs of Jacob Smith, late of Royalton deceased, against the administrator, praying that certain errors in a decree of the probate court, on a partial accounting of the administrator and his former colleague, in the month of January, 1820, should be corrected.
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This was an appeal from the probate court, on the petition of the heirs of Jacob Smith, late of Royalton deceased, against the administrator, praying that certain errors in a decree of the probate court, on a partial accounting of the administrator and his former colleague, in the month of January, 1820, should be corrected. It was admitted that the administrators had been credited $84, on account of a debt allowed one Noble, by the commissioners, and by them reported at $84, when, in fact, the debt was only $0,84, and was, by the administrators, paid and settled for 84 cents. The other…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
It is claimed, that the probate court had no jurisdiction of this petition, after such lapse of time. It is incident to every court of record to revise and correct its own proceedings. In those courts, where the proceedings are according to the course of the common law, the usual and appropriate resorts, are writ of error, audita querela, petitions for new trial, and, sometimes, motion merely. It was held in a case some years since in this court, in Orleans county, that an error in taxing a bill of cost could only be corrected by motion. It…
2Cited by9 opinions
- Adams v. AdamsSupreme Court of Vermont · 1849
- Estate of Bailey v. CullenWisconsin Supreme Court · 1931
- Betts v. ShottonWisconsin Supreme Court · 1871
- Domestic & Foreign Missionary Society, Protestant Episcopal Church v. EellsSupreme Court of Vermont · 1896
- Hotchkiss v. Ladd's EstateSupreme Court of Vermont · 1890
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