Legal Opinion

Field v. Torrey

Supreme Court of Vermont

Decided February 15, 1835PublishedCited by 5 opinions

, This was an action of account, and the declaration and pleading were as follws: Susannah Torrey is attached to answer to Roswell M. Field, and Mary Almira, his wife,bn a plea that said Susannah render to said R. her reasonable account of the time in which said S. was the bailiff and receiver of said M. A. whilst she was sole and of the said R. and M. A. after their intermarriage. 1st Count. — For that whereas said S., on the 3d day of May, 1819, at Windsor, in the county…

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, This was an action of account, and the declaration and pleading were as follws: Susannah Torrey is attached to answer to Roswell M. Field, and Mary Almira, his wife,bn a plea that said Susannah render to said R. her reasonable account of the time in which said S. was the bailiff and receiver of said M. A. whilst she was sole and of the said R. and M. A. after their intermarriage. 1st Count. — For that whereas said S., on the 3d day of May, 1819, at Windsor, in the county of Windsor, to wit, at Newfane, in the county of Windham, and whilst said M. A. was sole, was, and from thence until the…

1Opinion of the Court

The opinion of the court was delivered by

Collamer, J.

This is a plea to the jurisdiction of the court, insisting that the defendant was guardian, and that the whole jurisdiction in relation to her guardianship is exclusively in the probate court. The replication avers, that the defendant ended her guardianship by marriage, in 1826; and to this, the defendant demurs. This is not an objection to the form, of the action, and if is therefore unnecessary to decide whether either or all of the counts should have been against the defendant, as guardian, or as bailiff; or to inquire whether that part…

2Cited by5 opinions

  1. Zeideman v. MolaskyMissouri Court of Appeals · 1906
  2. Bailey v. BaileySupreme Court of Vermont · 1894
  3. Probate Court v. SlasonSupreme Court of Vermont · 1851
  4. Pickering v. DeRochemontSupreme Court of New Hampshire · 1863
  5. Harris v. HarrisSupreme Court of Vermont · 1872

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