Sabin v. Kelton
Supreme Court of Vermont
Appeal from the Probate Court. Heard at the March Term, 1881, Washington County, Redfield, J., presiding, on demurrer to the defendant’s plea in bar. The court sustained the plea. The case is stated in the opinion. Probate Courts have the exclusive jurisdiction of matters within their cognizance. Adams v. Adams, 22 Yt. 50; 38 lb. 638; 52 lb. 29. The Probate Court first took jurisdiction, and never relinquished it.
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Appeal from the Probate Court. Heard at the March Term, 1881, Washington County, Redfield, J., presiding, on demurrer to the defendant’s plea in bar. The court sustained the plea. The case is stated in the opinion. Probate Courts have the exclusive jurisdiction of matters within their cognizance. Adams v. Adams, 22 Yt. 50; 38 lb. 638; 52 lb. 29. The Probate Court first took jurisdiction, and never relinquished it. The bringing and discontinuance of the suit by the administrator could not have the effect to destroy such jurisdiction. The court first taking jurisdiction retains the case. 28 Yt.…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
This is an appeal by the plaintiff, assignee in insolvency of George Jacobs, from the disallowance of a claim in favor of the insolvent estate by the commissioners on the estate of Avery Cummings. The contention is in regard to the sufficiency, in substance, of the defendant’s plea in bar. The plea set forth, that Jacobs presented the two notes in controversy to the commissioners on the estate of Avery Cummings for allowance ; that, before the commissioners had acted thereon, the defendant for the purpose of securing claims which the estate had…
2Cases cited6 opinions
- Ewing v. GriswoldSupreme Court of Vermont · 1871
- Allen v. RiceSupreme Court of Vermont · 1850
- Probate Court v. KentSupreme Court of Vermont · 1877
- Probate Court v. GaleSupreme Court of Vermont · 1874
- Moore v. BachelderSupreme Court of Vermont · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Brown, Admr. v. Perry, Jr.Supreme Court of Vermont · 1931
- Kenney v. HowardSupreme Court of Vermont · 1895
- Martin v. WhiteSupreme Court of Vermont · 1886