Woodbury v. Woodbury's Estate
Supreme Court of Vermont
Appeal by the plaintiff from the decision and report of commissioners on the defendant estate. Declaration in general assumpsit. Plea, general issue, and notice of settlement and offset. Trial by jury, and verdict for defendant, December Term, 1874, Ross, J., presiding.
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Appeal by the plaintiff from the decision and report of commissioners on the defendant estate. Declaration in general assumpsit. Plea, general issue, and notice of settlement and offset. Trial by jury, and verdict for defendant, December Term, 1874, Ross, J., presiding. On trial, plaintiff offered to show that he presented certain claims and accounts before the commissioners, at one of their sessions, which claims and accounts were not shown by the report of the commissioners, and the plaintiff claimed that the commissioners, through mistake, did not report upon said items and offered to show…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
I. Sec. 14, c. 53, Gen. Sts., makes the failure to exhibit the claim to the commissioners within the time prescribed, a bar to recovery on it. This embraces, and has reference to, any and every distinct subject and item for which the party claims to be allowed. The report of commissioners returned to the Probate Court, ordinarily states only the aggregate of claims when made up of á variety of items, like accounts, and the aggregate of offset, and shows the aggregate of allowance and disallowance, and the resulting entire balance, without…
2Cases cited5 opinions
- Hunter v. Kittredge's EstateSupreme Court of Vermont · 1868
- Allen v. RiceSupreme Court of Vermont · 1850
- Stearns v. Administrator of StearnsSupreme Court of Vermont · 1858
- Clark v. ClarkSupreme Court of Vermont · 1849
- Thrall & Smith v. SewardSupreme Court of Vermont · 1865
3Cited by4 opinions
- In re the Will of WinslowSupreme Court of Iowa · 1910
- Cady v. SanfordSupreme Court of Vermont · 1881
- Thorp v. Thorp's EstateSupreme Court of Vermont · 1902
- Woodbury v. Woodbury's EstateSupreme Court of Vermont · 1876