Legal Opinion

Probate Court v. Strong

Supreme Court of Vermont

Decided January 15, 1853PublishedCited by 4 opinions

Probate and guardian’s bond. Debt upon the following bond, “ Know all men by these pres- “ ents, that I, David Webster, of Constable, in the county of Frank- “ lin, in the state of New- York, as principal, and David Strong, of “ North Hero, in the county of Grand Isle, and state of Yermont, “ as surety, are liolden and firmly bound and obliged unto Joel “Allen, Esq., judge of the court of probate for the district of “ Grand Isle, in the penal sum of one thousand dollars,…

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Probate and guardian’s bond. Debt upon the following bond, “ Know all men by these pres- “ ents, that I, David Webster, of Constable, in the county of Frank- “ lin, in the state of New- York, as principal, and David Strong, of “ North Hero, in the county of Grand Isle, and state of Yermont, “ as surety, are liolden and firmly bound and obliged unto Joel “Allen, Esq., judge of the court of probate for the district of “ Grand Isle, in the penal sum of one thousand dollars, current “money of the United States, to be paid unto the said judge, or “ his successor in said office, to which payment…

1Opinion of the Court

The opinion of the court was delivered, at the circuit session in September, 1854, by

Bennett, J.

This is an action upon a guardian’s bond; and as to Webster, the principal, there was a rum est inventus returned upon the writ, so that the action proceeds against Strong alone.

It is claimed that the declaration is insufficient, and one reason assigned is, that the bond in question is not a bond to the probate court. If not, the declaration is bad. It is given to Joel Allen, judge of probate for the district of Grand Isle, and the solvendum, is to the said judge, or his successor in said office.

We…

2Cited by4 opinions

  1. Balch v. HooperSupreme Court of Minnesota · 1884
  2. Metropolitan Pipe & Supply Co. v. D'Amore Construction Co.Massachusetts Supreme Judicial Court · 1941
  3. Judge of Probate for the County of Sullivan v. HibbardSupreme Court of Vermont · 1872
  4. Lanier v. IrvineSupreme Court of Minnesota · 1875

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