Weeks v. Sowles
Supreme Court of Vermont
Action of debt on a decree of the Probate Court. Heard on demurrer to the declaration, April Term, 1885, Royce, Ch. J., presiding. Demurrer overruled, and declaration adjudged sufficient.
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Action of debt on a decree of the Probate Court. Heard on demurrer to the declaration, April Term, 1885, Royce, Ch. J., presiding. Demurrer overruled, and declaration adjudged sufficient. Before the hearing commenced the defendant objected to the case being tried by the court, alleging orally that its presiding judge was disqualified to sit on the trial of'the case, because he was interested in the event of the suit, in this that said presiding judge was a depositor and creditor of the First National Bank of St. Albans, which is insolvent, and of which Daniel Roberts is receiver, and that…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
I. The defendant objects to the judgments below for that the judge who presided was interested in the suit, and so disqualified under R. L. s, 692. The record does not disclose the fact that he was interested; and the only question upon this branch of the case is, did the court err in excluding-the evidence offered? The defendant offered in evidence a copy of a writ of sequestration served upon him on the 17th day of November, 1884, in favor of the receiver of the First National Bank, upon which writ it was claimed the same property had been…
2Cases cited1 opinion
- Bellows v. SowlesSupreme Court of Vermont · 1885
3Cited by11 opinions
- Witters v. SowlesUnited States Circuit Court · 1887
- Reed v. HendeeSupreme Court of Vermont · 1927
- In re Welch's WillSupreme Court of Vermont · 1896
- Smith v. BurtonSupreme Court of Vermont · 1895
- Sowles v. WittersU.S. Circuit Court for the District of Vermont · 1889
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