Goff v. Robinson
Supreme Court of Vermont
Assumpsit commenced, returnable, and entered at the February Term, 1888, of the Orleans County Court. Motion to amend the declaration. While the motion was pending the defendants filed a plea to the jurisdiction of the County Court. The court adjudged, as a matter of discretion, that it had no right to allow the plaintiffs to amend their declaration, and solely as a matter of law denied the motion to amend.
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Assumpsit commenced, returnable, and entered at the February Term, 1888, of the Orleans County Court. Motion to amend the declaration. While the motion was pending the defendants filed a plea to the jurisdiction of the County Court. The court adjudged, as a matter of discretion, that it had no right to allow the plaintiffs to amend their declaration, and solely as a matter of law denied the motion to amend. Thereupon the plaintiffs, by special leave of the court, filed a replication to the plea, and the defendants demurred to the replication. The court sustained the demurrer, adjudged the…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The plaintiff Angus presented the claim involved in this suit to the commissioners on the estate of Lucius Robinson, who disallowed the claim. He appealed to the County Court, filed his declaration thereon, and' such proceedings were had that the case passed to the Supreme Court, where it was decided that he could not maintain the action in his name alone, but that the claim, if any, must be prosecuted in the name of Goff & Angus. In the meantime the proceedings before the commissioners were closed, and the time had elapsed in which the Probate…
2Cases cited3 opinions
- Boyden v. WardSupreme Court of Vermont · 1866
- Spear ex rel. Curtis v. Town of BraintreeSupreme Court of Vermont · 1875
- Premo v. LeeSupreme Court of Vermont · 1884
3Cited by4 opinions
- In re CilleyU.S. Circuit Court for the District of New Hampshire · 1893
- Hurlburt Bros. v. HindeSupreme Court of Vermont · 1913
- Vermont-Peoples' National Bank v. Robbins' EstateSupreme Court of Vermont · 1933
- McCarthy v. RosenbergDistrict Court, D. Hawaii · 1905