Wilkinson's Admr. v. Wilkinson
Supreme Court of Vermont
This was an action of general assumpsit. Pleas, the general issue and offset. Heard at the December Term, 1887,Tyler, J., presiding, on referee’s report, exceptions thereto and motion to xecommit.- The following is the material part of the referee’s report: “Plaintiff is the administrator of the estate of Hernán Wilkinson, who died September 20th, 1888, leaving surviving him a widow and nine children, all of age, of whom Lewis H., the •defendant, is the oldest.
Read the full summary
This was an action of general assumpsit. Pleas, the general issue and offset. Heard at the December Term, 1887,Tyler, J., presiding, on referee’s report, exceptions thereto and motion to xecommit.- The following is the material part of the referee’s report: “Plaintiff is the administrator of the estate of Hernán Wilkinson, who died September 20th, 1888, leaving surviving him a widow and nine children, all of age, of whom Lewis H., the •defendant, is the oldest. The deceased, at the time of his death •owned a farm situate in the town of Bridport, on the shore of Lake Champlain, and a ferry…
1Opinion of the Court
*411The opinion of the court was delivered by
Powers, J".
The error, if any, of the County Court in refusing to recommit the report to the referee, is not revisable here.. It was a discretionary matter with that court to decide whether to recommit or not. Fuller v. Wright, 10 Vt. 512, and. many other reported cases.
The report is somewhat barren of facts relating to the sale of' the farming tools to the defendant. In determining the question whether there was a delivery and acceptance sufficient to satisfy the statute of frauds, the referee might draw such inferences as legitimately arose from the…
2Cases cited1 opinion
- Fuller v. WrightSupreme Court of Vermont · 1838
3Cited by3 opinions
- In Re Garceau's PetitionSupreme Court of Vermont · 1965
- Van Dyke v. Grand Trunk Railway Co.Supreme Court of Vermont · 1911
- Jeffers v. PeaseSupreme Court of Vermont · 1902