Norway Plains Savings Bank v. Young
Supreme Court of New Hampshire
Appeal, by attaching creditors, from a decree of the judge of probate in an involuntary insolvency proceeding, adjudging the debtor insolvent. Trial by the court.
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Appeal, by attaching creditors, from a decree of the judge of probate in an involuntary insolvency proceeding, adjudging the debtor insolvent. Trial by the court. The following, with other, reasons of appeal w'ere assigned: That, at the time of the adjudication, claims amounting to $300 were not filed or proved by the petitioning creditor, and that the insolvency of the debtor was not proved. -The petition alleging the facts, sworn to by the petitioner, and an admission by the plaintiff’s that the debtor was insolvent were the only evidence submitted to the judge of probate on these points.…
1Opinion of the CourtChase, J.
Questions brought to this court by appeal from a judge of probate are tried anew, as if they had not been tried before. Wallace v. Brown, 25 N. H. 216; Bixby v. Harris, 26 N. H. 125, 128; Cook v. Bennett, 51 N. H. 85, 91; Adams v. Adams, 64 N. H. 224, 227. The character of the trial in the probate-court is therefore not material here. It was found at the trial term, presumably upon competent and sufficient evidence, as no exception on this ground is reported, that the debtor was owing the petitioning creditor more than $300, and was insolvent. This finding supports the decree. P. S., c. 201,…
2Cases cited1 opinion
- Adams v. AdamsSupreme Court of New Hampshire · 1886
3Cited by1 opinion
- Davidson v. Unknown Heirs of PetersonNorth Dakota Supreme Court · 1912