Graham v. Estate of Chandler
Supreme Court of Vermont
In this case the plaintiff presented to the commissioners of claims against the estate of Nehemiah Chandler, certain claims in his favor against the estate which were disallowed by the commissioners ; from which decision and report the plaintiff took an appeal to the county court, which was duly entered at the December Term, 1864. The plaintiff’s declaration setting forth his claims against the said estate contained two counts, one in indebitatus assumpsit, containing the…
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In this case the plaintiff presented to the commissioners of claims against the estate of Nehemiah Chandler, certain claims in his favor against the estate which were disallowed by the commissioners ; from which decision and report the plaintiff took an appeal to the county court, which was duly entered at the December Term, 1864. The plaintiff’s declaration setting forth his claims against the said estate contained two counts, one in indebitatus assumpsit, containing the common counts, and the other a count on book account. At the said last' mentioned term, judgment to account was rendered…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The counsel for the defence insist that the referees ■erred in admitting the plaintiff as a witness. By the general statutes he would be excluded. But the act of 1864, provides that the .provision in the general statutes whieh excludes a party as a witness in his favor when the other party is dead, shall not in any manner ■affect any suit brought or pending on the first day of August, 1863. The suit was brought to recover this demand prior, to August 1st, 1863. The question is whether that was the same suit in which the hearing was had before…
2Cited by1 opinion
- Stone v. StoneSupreme Court of Vermont · 1870