Legal Opinion

Walton v. Walton's Estate

Supreme Court of Vermont

Decided May 15, 1891PublishedCited by 4 opinions

Appeal from an order of the Probate Court for the district of Randolph accepting the report of commissioners upon the estate of John Walton by which the claim of the appellant, S. A. E. Walton, against said estate, was disallowed. Heard upon the report of a referee and exceptions thereto at the June term, 1890, Tyler, J., presiding. J udgment for the defendant. The appellant excepts.

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Appeal from an order of the Probate Court for the district of Randolph accepting the report of commissioners upon the estate of John Walton by which the claim of the appellant, S. A. E. Walton, against said estate, was disallowed. Heard upon the report of a referee and exceptions thereto at the June term, 1890, Tyler, J., presiding. J udgment for the defendant. The appellant excepts. The referee found for the defendant without submitting any question of law to the court, or making any alternative finding. The only exception taken to the report in the County Court by the appellant was for that…

1Opinion of the Court

The opinion of the court was delivered by

START, J.

The depositions received as evidence by the referee were taken to be used in the trial of this cause before the commissioners appointed by the Probate Court. The plaintiff claims that the depositions thus taken could not be used as evidence on a subsequent trial of the same cause before the Appellate Court.

Sec. 1018 of R. L. provides for the taking of depositions, and reads as follows: “ A deposition taken for either of the reasons, and in the manner hereafter provided, shall be admitted as evidence in any civil cause for which it is taken.”

Sec…

2Cases cited6 opinions

  1. White v. WhiteSupreme Court of Vermont · 1849
  2. Walsh v. PierceSupreme Court of Vermont · 1840
  3. Town of Randolph v. Town of WoodstockSupreme Court of Vermont · 1862
  4. Perry v. WhitneySupreme Court of Vermont · 1858
  5. Wilder v. StanleySupreme Court of Vermont · 1876

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

3Cited by4 opinions

  1. Hogan & Hogan v. SullivanSupreme Court of Vermont · 1906
  2. Manning v. LeightonSupreme Court of Vermont · 1893
  3. McKane v. GordonSupreme Court of Vermont · 1911
  4. Pollard v. BarrowsSupreme Court of Vermont · 1904

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