Allen v. Mower
Supreme Court of Vermont
In this case the orator alleged in his bill that he had been duly-appointed administrator upon the estate of Sylvester Edson, deceased, who died May 29, 1839, and that, at the time of his decease, and for some years previous thereto, the said Edsoh was greatly indebted, and to an amount much beyond his ability to pay; that all his visible property had been, attached by his creditors,-but that he still retained, and kept concealed, much personal property, which he should have…
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In this case the orator alleged in his bill that he had been duly-appointed administrator upon the estate of Sylvester Edson, deceased, who died May 29, 1839, and that, at the time of his decease, and for some years previous thereto, the said Edsoh was greatly indebted, and to an amount much beyond his ability to pay; that all his visible property had been, attached by his creditors,-but that he still retained, and kept concealed, much personal property, which he should have devoted to the payment of his debts; that, for the purpose of such concealment, he was accustomed to take notes, for…
1Opinion of the Court
*67The opinion of the court was delivered by
Bennett, J.
A question has been raised, in argument, how far the answer of the defendant is to be regarded as evidence. The rule usually laid down is, that the defendant, is bound to answer, every part of the substance of the statement and charges in the bill, and that every particular interrogatory, founded upon an express allegation in the body of the bill, must be answered precisely, in all its bearings and circumstances. Labe’s Eq. Pl. 267. Hepburn v. Durand, 1 Brown 503. Mountford v. Taylor, 6 Ves. 791. Woods v. Monell, 1 Johns. Ch. R. 103:
The case…
2Cited by4 opinions
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- Day v. JonesSupreme Court of Florida · 1898
- Bell v. Farmers D. N. BankSupreme Court of Pennsylvania · 1890
- Wells v. HoustonSupreme Court of Vermont · 1864