Legal Opinion

Rutland & Burlington R. R. v. Administrator of Wales

Supreme Court of Vermont

Decided February 15, 1852PublishedCited by 2 opinions

Appeal from commissioners on the estate of S. R. Wales, deceased. The administrator filed a motion to dismiss said cause, on the ground that the plaintiffs had not given notice of their said appeal and of the term of the court to which the same was taken, &c.

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Appeal from commissioners on the estate of S. R. Wales, deceased. The administrator filed a motion to dismiss said cause, on the ground that the plaintiffs had not given notice of their said appeal and of the term of the court to which the same was taken, &c. It was conceded that said administrator had no notice of said appeal being taken, except, or until after said cause was entered in court, in April term, A. D. 1851, in the latter part of said term, and of said administration, save the entry on the docket. The court decided that said cause was irregularly in court, the facts stated in…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

The questions in this case arise upon a motion to dismiss. The proceedings upon which this application is made, is an appeal from the commissioners of claims on the estate of S. R. Wales. The appeal was taken on the 10th of October, 1850, to the county court to be held on the 4th Tuesday of April, 1851.

The Comp. Stat. p. 353, Sec. 21, 22, requires that the person appealing shall give notice of such appeal, and of the term to which it is taken, twelve’days before the session of the court, and shall also file, in the court to which the appeal is…

2Cited by2 opinions

  1. Foster v. AustinSupreme Court of Vermont · 1861
  2. In Re CarletonSupreme Court of Vermont · 1936

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