Legal Opinion

Van Buskirk v. Martin

Supreme Court of Vermont

Decided April 15, 1856PublishedCited by 2 opinions

Trustee suit, commenced before a justice of the peace and appealed. In the county court, L. T. Martin who had appeared as claimant moved that the cause be dismissed- for that “ said cause was originally brought before a justice of the peace, and that said principal defendant was defaulted by said justice, and said trustee was discharged by said justice, and this court has no appellate jurisdiction of said cause.”

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Trustee suit, commenced before a justice of the peace and appealed. In the county court, L. T. Martin who had appeared as claimant moved that the cause be dismissed- for that “ said cause was originally brought before a justice of the peace, and that said principal defendant was defaulted by said justice, and said trustee was discharged by said justice, and this court has no appellate jurisdiction of said cause.” The county court, May Term, 1855, — Peck, J., presiding,— found the facts to be as stated in the motion to dismiss, in reference to the disposition of the cause hefore the justice,…

1Opinion of the Court

The opinion of the court was delivered by

Redeield, Ch. J.

The question in the present cáse is whether the plaintiff, in a trustee suit before a justice, where the action against the principal defendant is defaulted, and the trustee discharged, is entitled to an appeal upon the question of the liability of the trustee.

Where the trustee is adjudged liable the statute gives the trustee the right to appeal. This statute was passed in 1842, in consequence of the decision of this court denying that right to the trustee, (14 Yt. 320.) But from the first, after jurisdiction in trustee cases was given…

2Cases cited1 opinion

  1. Hutchinson v. Bigelow & AllisSupreme Court of Vermont · 1851

3Cited by2 opinions

  1. Church v. FrenchSupreme Court of Vermont · 1882
  2. Howard & Brown v. GammonSupreme Court of Vermont · 1906

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