Legal Opinion

In re Merrill

Supreme Court of Vermont

Decided October 15, 1881PublishedCited by 12 opinions

Both cases were heard on the report of a special master at the March Term, 1881, Washington County; Ross, Chancellor in one case, and Taft, Chancellor, in the other. The report of the master was sustained, and the receivers ordered to pay the amount found by him. ABSTRACT OP PETITIONS.

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Both cases were heard on the report of a special master at the March Term, 1881, Washington County; Ross, Chancellor in one case, and Taft, Chancellor, in the other. The report of the master was sustained, and the receivers ordered to pay the amount found by him. ABSTRACT OP PETITIONS. The petition in each case sets forth substantially the same facts, to wit, that there was a contract between the Central Vermont Railroad Company and the receivers of the Montpelier & Wells River Railroad Company, by which the Central Vermont Railroad Company ran its trains over that portion of the track of the…

1Opinion of the Court

The opinion of the court was delivered by

Veazey, J.

The Montpelier & Wells River Railroad being in the possession and management of receivers appointed in a suit pending in the Court of Chancery, these petitions were brought in that cause ; and the subject-matter of them became proper subjects of adjudication in that court and cause. Answers were filed, and that court referred both petitions to the same master, and the hearing was had on both petitions at the same time. The order of reference in the Merrill petition directed the special master “ to find and report to this court in accordance…

2Cases cited8 opinions

  1. Smith v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1859
  2. Sawyer v. Rutland & Burlington RailroadSupreme Court of Vermont · 1855
  3. Vermont & Canada Railroad v. Vermont Central RailroadSupreme Court of Vermont · 1861
  4. Howard v. ScottSupreme Court of Vermont · 1877
  5. Mott v. HarringtonSupreme Court of Vermont · 1843

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3Cited by12 opinions

  1. Nugent v. Boston, Concord & Montreal RailroadSupreme Judicial Court of Maine · 1888
  2. Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
  3. Turner v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
  4. Ingram's Admrx. v. Rutland RailroadSupreme Court of Vermont · 1915
  5. Pacific Railway Co. v. WadeCalifornia Supreme Court · 1891

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