Weed Sewing Machine Co. v. Boutelle
Supreme Court of Vermont
Trustee Process. Heard on a commissioner’s report, March Term, 1881, Eedfield, J., presiding. Decision of the commissioner affirmed. Both parties appealed. The principal defendant recovered two judgments, one against the Westchester Insurance Company, and one against the Planters’ Insurance Company, for loss by fire. Before judgment was rendered in the said two spits, the plaintiff commenced this trustee proceeding. The court had jurisdiction over the trustees.
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Trustee Process. Heard on a commissioner’s report, March Term, 1881, Eedfield, J., presiding. Decision of the commissioner affirmed. Both parties appealed. The principal defendant recovered two judgments, one against the Westchester Insurance Company, and one against the Planters’ Insurance Company, for loss by fire. Before judgment was rendered in the said two spits, the plaintiff commenced this trustee proceeding. The court had jurisdiction over the trustees. Paul v. Virginia, 8 Wall. 168; Ins. Go. v. Morse. 20 Wall. 445 ; G. S. c. 87, s. 5; Osborne v. Ins. Co., 51 Yt., 2S2. No lien or…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The first question presented for consideration is whether the trustees are subject to the trustee process. They are both foreign corporations, who came into this State in compliance with our laws and effected the insurances, in regard to which they are sought to be held as' trustees. Some question is attempted to be made as to whether the service which was made upon them was sucli as is required by statute. Whether service was made according to the provisions of the statute is wholly immaterial. They have voluntarily appeared by attorney,…
2Cases cited9 opinions
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- Rindge v. GreenSupreme Court of Vermont · 1879
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- Elbaum v. SullivanMassachusetts Supreme Judicial Court · 1962
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