Martin v. White
Supreme Court of Vermont
Appeal from the Probate Court. Heard on demurrer to a plea to the jurisdiction, December Term, 1885, Taft, J., presiding. Plea adjudged insufficient.
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Appeal from the Probate Court. Heard on demurrer to a plea to the jurisdiction, December Term, 1885, Taft, J., presiding. Plea adjudged insufficient. The administrators had a right to bring their suit against the plaintiff while the original commission was open, before presentation of his claim to the commissioners, and if they had done so the plaintiff could not have gone to the commissioners with his claim; he would have been compelled to plead his offset against the estate in the form selected by the administrators. R. L. s. 2131; Sabin v. Kelton, 54 Yt. 283. The renewal of the commission,…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The exceptions present the single question of whether the County Court had jurisdiction of the subject-matter. Whether the County Court had jurisdiction depends upon whether the commissioners appointed to adjust claims against the estate, had jurisdiction of the claim presented by the plaintiff. It appears that the plaintiff presented no claim to the commissioners until. after the com*400mission expired, as originally limited by the Probate Court. The defendants, as administrators, then commenced a suit on a claim in favor of the estate against the…
2Cases cited8 opinions
- Ewing v. GriswoldSupreme Court of Vermont · 1871
- Morse v. LowSupreme Court of Vermont · 1872
- Allen v. RiceSupreme Court of Vermont · 1850
- Probate Court v. KentSupreme Court of Vermont · 1877
- Probate Court v. GaleSupreme Court of Vermont · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kenney v. HowardSupreme Court of Vermont · 1895