Hamilton v. Wilder
Supreme Court of Vermont
Audita Querela to set aside a judgment rendered in favor of the defendant Wilder against the plaintiffs, as trustees of one Osgood, by a justice of the peace.
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Audita Querela to set aside a judgment rendered in favor of the defendant Wilder against the plaintiffs, as trustees of one Osgood, by a justice of the peace. It appeared that a writ was issued returnable before John H. Campbell, Esq., justice of the peace, in favor of Wilder against Osgood, in which the plaintiffs and the defendant Henry, as trustees of the Vermont Valley Railroad Company, were summoned as trustees of Osgood; that this writ, on the 28th of February, 1857, was served on the trustees therein named, by delivering to Henry F. Green, their legal agent, a true and attested copy…
1Opinion of the CourtBarrett, J.
I. In the first place, we think Green, at the time the trustee process was served, was the agent of these plaintiffs under the statute of 1854. He was duly appointed by them *699in March, 1856. He thenceforward continued to act for them in that capacity. His appointment was not revoked by them. They continued to treat him as their agent under the statute, down to the time said trustee process was served. It will not do, as against all this, to hold that because the plaintiffs did not renew the certificate in January, 1857, according to the terms of the statute, this agency ceased by operation of…
2Cases cited1 opinion
- Chandler v. WarrenSupreme Court of Vermont · 1858