Wetmore v. Plant
Supreme Court of Connecticut
IN ERROR. This was an action brought by David Plant, Esq. as judge of probate, against Sidney Wetmore, George Wetmore, William C. Wetmore and Charles M'Ewen, on a probate bond, conditioned for the faithful execution of the office of joint executors of the last will and testament of Victory Wetmore, deceased.
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IN ERROR. This was an action brought by David Plant, Esq. as judge of probate, against Sidney Wetmore, George Wetmore, William C. Wetmore and Charles M'Ewen, on a probate bond, conditioned for the faithful execution of the office of joint executors of the last will and testament of Victory Wetmore, deceased. The cause came on for trial before the superior court in Fairfield county; and the defendants pleaded in bar, that William C. Wetmore, one of them, was a minor at the execution of the bond. To this plea there was a demurrer. The court decided the plea to be insufficient; and rendered…
1Opinion of the Court
Hosmer, Ch. J.
It is indispensible that there be a distinct perception of the point raised for the determination of the Court. Whether the decision of the superior court, in adjudging the plea of the executors to be correct, was legal, is, at present, no question. To review that determination, a writ of error must be brought to the supreme court of errors. But on the basis of fact, not appearing in the former case in any manner, and upon the assumption, so far as this case is concerned, that the decision upon the record was correct, the plaintiffs present a new point for determination. The…
2Cited by11 opinions
- Holford v. AlexanderSupreme Court of Alabama · 1847
- Davis v. PackardCourt for the Trial of Impeachments and Correction of Errors · 1830
- State v. AssuntinoSupreme Court of Connecticut · 1977
- Mains v. CosnerIllinois Supreme Court · 1873
- Cumnor v. SedgwickSupreme Court of Connecticut · 1895
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