Carr v. Sevene
Supreme Court of Vermont
Assumpsit, commenced before a justice of the peace, where judgment was rendered against the defendant by default, and the trustees adjudged chargeable upon their disclosure for the amount of the judgment. The claimant appeared before the justice and appealed. The appeal was entered at the December term, 1872, judgment against the defendant affirmed, and a commissioner appointed, whose report was filed at the December term, 1873. The claimant filed no allegations.
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Assumpsit, commenced before a justice of the peace, where judgment was rendered against the defendant by default, and the trustees adjudged chargeable upon their disclosure for the amount of the judgment. The claimant appeared before the justice and appealed. The appeal was entered at the December term, 1872, judgment against the defendant affirmed, and a commissioner appointed, whose report was filed at the December term, 1873. The claimant filed no allegations. The commissioner reported as follows: “ Before the hearing of any witnesses on the part of the claimant, the attorney for the…
1Opinion of the Court
*577The opinion of the court was delivered by
Ross, J.
I. The plaintiff objects to the judgment of the county court, on the ground that the commissioner erroneously heard the claimant. The plaintiff claimed at the hearing before the commissioner, that the claimant had no right to be heard, for the reason that he had neglected to file in the county court any declaration or allegation of his right or claim to the funds in the hands of the trustees. Wo do not think that this proceeding before the commissioner, furnishes any ground for reversing the judgment of the county court, under the circumstances…
2Cases cited1 opinion
- Esty v. LoveSupreme Court of Vermont · 1860
3Cited by1 opinion
- Vermont Fruit Co. v. WilsonSupreme Court of Vermont · 1918