Bailey v. Bailey
Supreme Court of Vermont
Bill in equity. Heard at the June term, 1894, Orange county, upon demurrer. Ross, chancellor, dismissed the bill with costs. The orators appeal.- The defendants are jointly liable and no proceeding in the probate court could reach them jointly. Isaacs v. Clark, 13 Vt. 657. They are liable as trustees de son tort and of this the probate court has no jurisdiction.
Read the full summary
Bill in equity. Heard at the June term, 1894, Orange county, upon demurrer. Ross, chancellor, dismissed the bill with costs. The orators appeal.- The defendants are jointly liable and no proceeding in the probate court could reach them jointly. Isaacs v. Clark, 13 Vt. 657. They are liable as trustees de son tort and of this the probate court has no jurisdiction. Masse et al. v. Slason et al., 13 Vt. 296; French et al. v. Windsor et al., 36 Vt. 412; Barnes v. Dow, 59.Vt. 530. The bill is not multifarious. I Dan. Ch., 336, 338; Shaw v. Chamberlin, 45 Vt. 465 ; Smith v. Scribner, 59 Vt. 96.…
1Opinion of the CourtTaft, J.
The question in this case is raised by demurrer to the bill. The orators are sons of Joseph Bailey, deceased, by his first wife. The defendant Judith is the widow of Joseph and the mother of his son Hale G., the other defendant. The estate of Joseph is in process of settlement ; the defendant Judith is administratrix. Hale G. presented a demand against the estate of Joseph to the commissioners appointed to adjust claims against it, which was-allowed and an appeal taken in the name of the administratrix, by one of the orators, which appeal is now pending in the county court. The orators allege…
2Cases cited8 opinions
- M'Coy v. ScottSupreme Court of Pennsylvania · 1828
- Adams v. AdamsSupreme Court of Pennsylvania · 1835
- Bennett v. . AustinNew York Court of Appeals · 1880
- Proprietors of White School House v. PostSupreme Court of Connecticut · 1862
- Field v. TorreySupreme Court of Vermont · 1835
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Brennan v. Dowagiac Mfg. Co.Court of Appeals for the Sixth Circuit · 1908
- Hooker, Corser & Mitchell Co. v. HookerSupreme Court of Vermont · 1914
- Miske v. HabaySupreme Court of New Jersey · 1949
- Wortham v. JohnSupreme Court of Oklahoma · 1908
- Clark v. Peck's Exrs.Supreme Court of Vermont · 1906
7 more not listed; retrieve them via the Exa API.