Clemons v. Est. of Clemons
Supreme Court of Vermont
Appeal from the Court of Insolvency for the District of Manchester. Pleas to the jurisdiction and, the same being held insufficient on demurrer, nul tiel record. Trial by court at the December Term, 1896, Bennington County, Thompson,, J., presiding. Under the plea of nul tiel record the defendant offered evidence to impeach the judgment which constituted the plaintiff’s claim, but the same was excluded and the defendant excepted.
Read the full summary
Appeal from the Court of Insolvency for the District of Manchester. Pleas to the jurisdiction and, the same being held insufficient on demurrer, nul tiel record. Trial by court at the December Term, 1896, Bennington County, Thompson,, J., presiding. Under the plea of nul tiel record the defendant offered evidence to impeach the judgment which constituted the plaintiff’s claim, but the same was excluded and the defendant excepted. Upon the facts found the court rendered judgment for the plaintiff to recover the amount of her judgment with interest to date and costs, and adjudged the same to be…
1Opinion of the CourtRowell, J.
The claim proved and allowed against the defendant, an insolvent estate, was a judgment of the supreme court, affirming a judgment of Bennington County Court. The oath of claim set out with great particularity the proceedings in the suit in which the judgment was obtained, but the defendant claimed, notwithstanding that; that upon entering the appeal in the county court, the plaintiff should file a statement of her claim, setting forth the same substantially as it would be necessary to set it forth in a declaration therein in an action at law, as provided by Y. S. 2088. But the court held…
2Cited by6 opinions
- Johnson v. NorrisCourt of Appeals for the Fifth Circuit · 1911
- Jones v. SkinnerOregon Supreme Court · 1938
- Hughes v. Farmers National BankSupreme Court of Vermont · 1910
- Sheldon v. ClemmonsSupreme Court of Vermont · 1900
- In re the Guardianship of HitchcockHawaii Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.