Ashley v. Harrington
Supreme Court of Vermont
ELISHA ASHLEY commenced an action of assumpsit on a promissory note against Theophilus Harrington, in his life time, before Rutland County Court, at November term, 1813, to which action Theophilus Harrington appeared and had a continuance until March term, then next, and afterwards on the-day of December, 1813, deceased; and James Harrington was regularly appointed administrator on his estate : and the cause of action by law surviving, the plaintiff, Ashley, took out a scire…
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ELISHA ASHLEY commenced an action of assumpsit on a promissory note against Theophilus Harrington, in his life time, before Rutland County Court, at November term, 1813, to which action Theophilus Harrington appeared and had a continuance until March term, then next, and afterwards on the-day of December, 1813, deceased; and James Harrington was regularly appointed administrator on his estate : and the cause of action by law surviving, the plaintiff, Ashley, took out a scire facias and cited James Harrington, the administrator, to appear and defend in said action, at the next term of said…
1Opinion of the Court
Chipman, Ch. J.
delivered the opinion of the Court.
The Probate law was intended by the Legislature, for the just, equitable and expeditious settlement of estates, both solvent and insolvent ; and in all decisions that may affect it, the spiritj intent and end of that system ought to be kept steadily in view. The case now under consideration, is that of a suit pending at the death of the *351Intestate, and is distinctly provided for in the 73d and 74th Sec-lions of the Judiciary Act; and here we must look .for the rule of decision in this case, unless we find some express provision in the Probate…
2Cited by1 opinion
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