Probate Court v. Niles
Supreme Court of Vermont
Debt upon a bond given to the probate court by the defendant Niles, as administrator of the estate of Ezra Gleason, and executed by the defendant Steen as surety. The writ was made returnable at the April Term, 1859, but at the time of the return of the writ no copy of the bond given by the defendants was filed, nor any certificate from the probate court that permission had been granted by that court to prosecute the same.
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Debt upon a bond given to the probate court by the defendant Niles, as administrator of the estate of Ezra Gleason, and executed by the defendant Steen as surety. The writ was made returnable at the April Term, 1859, but at the time of the return of the writ no copy of the bond given by the defendants was filed, nor any certificate from the probate court that permission had been granted by that court to prosecute the same. For this reason, the defendants, at the same term, moved to dismiss the action, but it appeared that such copy and certificate had been filed after the motion to dismiss…
1Opinion of the CourtAldis, J.
I. The provision in the statute (chap. 59, sec. 2,) that the applicant shall file in the county court, at the time of the return of the writ, a copy of the bond and the certificate furnished by the probate court, is intended as a means of preserving in the county court the proof of a compliance with the preliminary requisites for the instituting of the suit. From the nature of the act required to be done, it is not vital to the suit that the time should be precisely complied with. The rights of the parties in no way depend upon the lime of filing the bond and certificate, and this part of…
2Cases cited2 opinions
- E. C. Parks, & Co. v. CushmanSupreme Court of Vermont · 1837
- Clark v. TaborSupreme Court of Vermont · 1850
3Cited by3 opinions
- White v. WaiteSupreme Court of Vermont · 1874
- Perry v. WheelockSupreme Court of Vermont · 1876
- Proctor v. ColeIndiana Supreme Court · 1885