Driggs v. Abbott
Supreme Court of Vermont
Jurisdiction of prolate court. Husland and wife; wife’s closes in action. Assumpsit. By the writ, the defendant was summoned to answer to the plaintiff as administrator of the goods, chattels and «state which were of Rhoda Kinney, late of Detroit, Michigan, 'deceased, intestate; and the declaration counted upon a promise made by the defendant, on the 17th of January, 1839, to pay to the said Rhoda ten dollars for every acre which a certain piece of land, which had been set…
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Jurisdiction of prolate court. Husland and wife; wife’s closes in action. Assumpsit. By the writ, the defendant was summoned to answer to the plaintiff as administrator of the goods, chattels and «state which were of Rhoda Kinney, late of Detroit, Michigan, 'deceased, intestate; and the declaration counted upon a promise made by the defendant, on the 17th of January, 1839, to pay to the said Rhoda ten dollars for every acre which a certain piece of land, which had been set off to lier as her share of her father’s «state, and which she and her husband had that day deeded to one Sally Abbott,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
I. The objection that the probate court had not jurisdiction to grant administration within this stale is concluded by the judgment of that court, which, it has often been held by this court, cannot he attacked in this collateral manner.
H. The second objection to the suit being in the name of the administrator of the wife, upon a contract to her made during the coverture, the husband still living, so far as appears in the case, we were half inclined to favor at first. But this being a case where the consideration of the contract was the…
2Cases cited2 opinions
- Richardson v. DaggettSupreme Court of Vermont · 1832
- Gay v. Estate of RogersSupreme Court of Vermont · 1846
3Cited by7 opinions
- Abshire v. State ex rel. WilsonIndiana Supreme Court · 1876
- Bowden v. Jacksonville Electric Co.Supreme Court of Florida · 1906
- In re Wells's EstateSupreme Court of Vermont · 1897
- Bartlett v. BoydSupreme Court of Vermont · 1861
- Stearns v. Administrator of StearnsSupreme Court of Vermont · 1858
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