Swan v. Wheeler
Supreme Court of Connecticut
WRIT of error. Rufus Wheeler, describing himself as a son and heir at law of Sheppard Wheeler, deceased* appealed trom several orders and decrees of the court of probate, viz. l.'The defcree of December '36th,- 1798,appointing com* nuSsbhers; ;; ⅜;-' 2. That oí March ith, 1800, accepting their report. 3. xhat of March 7th, ⅜800, ordering the sale of real éstate, and appointing John Denison, who was not the administrator, to sell the same. 4. That of April 8th, 1800,…
Read the full summary
WRIT of error. Rufus Wheeler, describing himself as a son and heir at law of Sheppard Wheeler, deceased* appealed trom several orders and decrees of the court of probate, viz. l.'The defcree of December '36th,- 1798,appointing com* nuSsbhers; ;; ⅜;-' 2. That oí March ith, 1800, accepting their report. 3. xhat of March 7th, ⅜800, ordering the sale of real éstate, and appointing John Denison, who was not the administrator, to sell the same. 4. That of April 8th, 1800, approving the sale, and allowing the account of expenses of sale, and the administrator’s account. The appellant, in prosecuting…
1Opinion of the CourtBaldwin, J.
That this judgment is extremely in* Formijl is obvious. No answer is given to the question of law put to the court, on the sufficiency of the reasons For the appeal; and no ground whatever is assigned as a basis for the judgment. How far the mere mistake of a clerk in point of form only would affect a judgment on the merits in other respects correct, it is not necessary now to decide. Such a case is not before us; for it is evident, that the effect of this judgment extends much further than the record will warrant. By the judgment of the superior court, the judgment of the court of probate is…
2Cited by13 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Norton's Appeal from ProbateSupreme Court of Connecticut · 1879
- Averill v. LewisSupreme Court of Connecticut · 1927
- Fairman's Appeal from ProbateSupreme Court of Connecticut · 1861
- City National Bank v. City of BridgeportSupreme Court of Connecticut · 1929
8 more not listed; retrieve them via the Exa API.