English v. Smith
Supreme Court of Connecticut
IN ERROR, This was an appeal from sundry decrees of the court of probate for New-Haven district, made in the settlement of the estate of Richard Stone, an insolvent debtor.
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IN ERROR, This was an appeal from sundry decrees of the court of probate for New-Haven district, made in the settlement of the estate of Richard Stone, an insolvent debtor. Those which are the subject of examination in this case, are, 1. the decree of May 8th, 1837, appointing I. H. Townsend, W. P. N. Fitzgerald and John Durrie, to be commissioners on Stone’s estate. 2. The decree of January 9th, 1838, accepting the report of the commissioners. 3. The decree of June 19th, 1838, accepting the report of Fitzgerald and Durrie, two of the commissioners. 4. The decree of the same day, rejecting…
1Opinion of the Court
Church J.
1. The foundation of the appellants’ objec tion to the several decrees in question, and the reasons of theii appeal therefrom, is, that the persons appointed by the court o probate to be commissioners on said estate, stood in such rela tion to some of the creditors of said insolvent, as by law to bt disqualified to act in that capacity; and that, therefore, tht order of the court of probate appointing them, and all subse quent orders founded upon their proceedings, were either erroneous or void.
But the plaintiffs in error object, in the first place, that, as Smith & Sherman, the…
2Cases cited4 opinions
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Richmondville Manufacturing Co. v. PrallSupreme Court of Connecticut · 1833
- Peck v. SturgesSupreme Court of Connecticut · 1836
- Sturges v. PeckSupreme Court of Connecticut · 1837
3Cited by5 opinions
- Bryant v. LivermoreSupreme Court of Minnesota · 1874
- Petrowski v. Norwich Free AcademyConnecticut Appellate Court · 1984
- Clark v. MixSupreme Court of Connecticut · 1842
- Fisher v. TownerSupreme Court of Connecticut · 1840
- WaittSupreme Judicial Court of Maine · 1943