Legal Opinion

Avery v. Bender

Supreme Court of Vermont

Decided June 6, 1967No. 1077PublishedCited by 9 opinions

1Opinion of the CourtBarney, J.

As a consequence of an earlier appeal of certain certified questions, this litigation stands determined as an action in rem. Avery v. Bender, 124 Vt. 309, 204 A.2d 314. It was commenced four years ago. It still has not progressed to the point of having responsive pleadings filed in answer to the original petition for declaratory relief. Since the decision in this Court three years ago the death of one of the named defendants has so preoccupied the litigants that the matter is no nearer being at issue than it was in 1963. New questions have now been certified here.

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2Cases cited14 opinions

  1. Woodruff v. TaylorSupreme Court of Vermont · 1847
  2. O'BRIEN v. Comstock Foods, Inc.Supreme Court of Vermont · 1963
  3. Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940
  4. Powers v. State Highway BoardSupreme Court of Vermont · 1962
  5. Avery v. BenderSupreme Court of Vermont · 1964

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

3Cited by9 opinions

  1. In Re Pyramid Co. of BurlingtonSupreme Court of Vermont · 1982
  2. Wood v. WoodSupreme Court of Vermont · 1977
  3. Beecham v. LeahySupreme Court of Vermont · 1972
  4. International Collection Service, Inc. v. GibbsSupreme Court of Vermont · 1986
  5. State v. WheelSupreme Court of Vermont · 1987

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

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