Legal Opinion

Scoville v. Brock

Supreme Court of Vermont

Decided January 7, 1907PublishedCited by 11 opinions

Appeal in Chancery. Heard on the pleadings, master’s report and exceptions thereto, at the March Term, 1906, Washington County, Rowell, Chancellor. Decree, strictly pro forma, dismissing the bill with costs to' the defendant. The orator appealed. This case has been twice before in the Supreme Court.

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Appeal in Chancery. Heard on the pleadings, master’s report and exceptions thereto, at the March Term, 1906, Washington County, Rowell, Chancellor. Decree, strictly pro forma, dismissing the bill with costs to' the defendant. The orator appealed. This case has been twice before in the Supreme Court. See 75 Vt. 243, and 76 Vt. 385. The orator became of age July 27, 1894. The defendant’s final account as guardian of the orator was settled and allowed by the probate court, in the orator’s presence and with his approval, on July 30, 1894. The defendant was duly appointed guardian of the orator by…

1Opinion of the CourtMunson, J.

The master finds certain facts from the evidence, and leaves it for the Court to say what concessions contained in the answers are available to the orator. The *454original bill was held insufficient on demurrer, (75 Vt. 243, 54 Atl. 177), and two several amendments thereto were afterwards filed. The defendant then answered the bill and the amendments, “waiving the answer to the original bill.” The orator insists that the first answer could not be waived without the express leave of the court, citing Morrill v. Morrill, 53 Vt. 74. That, however, was an amendment interposing a further defence to^…

2Cases cited12 opinions

  1. Sohler v. SohlerCalifornia Supreme Court · 1902
  2. National Bank v. CarpenterSupreme Court of the United States · 1879
  3. Gillett v. WileyIllinois Supreme Court · 1888
  4. Wade v. PulsiferSupreme Court of Vermont · 1881
  5. Morrill v. MorrillSupreme Court of Vermont · 1880

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3Cited by11 opinions

  1. Jordan v. HarberSupreme Court of Georgia · 1931
  2. Barclay v. Wetmore & Morse Granite Co.Supreme Court of Vermont · 1920
  3. Harrison v. HarrisonNew Mexico Supreme Court · 1916
  4. Gross v. ButlerCourt of Appeals of Georgia · 1934
  5. Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910

6 more not listed; retrieve them via the Exa API.

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