Kimball v. Estate of Baxter
Supreme Court of Vermont
Construction of proviso to witness act of 1858. Statute of limitatations. Report of referees- Appeal proji Commissioners. The defendant’s intestate died in March, 1852; the claims of the plaintiff against his estate were presented to the commissioners previous to November, 1852. An appeal was taken from their decision and report, and entered in the county court at the December Term, 1852, and, at that term, referred by the agreement of the parties.
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Construction of proviso to witness act of 1858. Statute of limitatations. Report of referees- Appeal proji Commissioners. The defendant’s intestate died in March, 1852; the claims of the plaintiff against his estate were presented to the commissioners previous to November, 1852. An appeal was taken from their decision and report, and entered in the county court at the December Term, 1852, and, at that term, referred by the agreement of the parties. Before the referees, the «defendant insisted upon the statute of limitations in reference to which they reported as follows: “It appeared that the…
1Opinion of the Court
The opinion of the court was delivered, at the circuit session in September, by
Bennett, J.
It appeared from the report of the referees, that they intended in all respects to decide according to law, and that the plaintiff, under objection, was admitted, generally, as a witness upon all questions arising in the matters referred, and we are to understand from the report, I suppose, that he did testify to important facts arising in the matters tried generally. The case is so understood by the parties, and has been argued upon that ground, and we are disposed so to consider it. The proceedings in…
2Cases cited3 opinions
- Eddy v. SpragueSupreme Court of Vermont · 1838
- Sawyer v. DoaneSupreme Court of Vermont · 1826
- Swift v. RaymondSupreme Court of Vermont · 1839
3Cited by9 opinions
- Mathie v. HancockSupreme Court of Vermont · 1906
- Davenport v. CrowellSupreme Court of Vermont · 1907
- Hunter v. Kittredge's EstateSupreme Court of Vermont · 1868
- Darby v. First National BankSupreme Court of Vermont · 1885
- Luce v. BrownSupreme Court of Vermont · 1922
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