Probate Court v. Strong
Supreme Court of Vermont
This was an action on a probate bond, and judgment for tbe plaintiff, at the February Term of the county court, 1851, to which judgment exceptions were taken by the defendant. After which the defendant filed his motion to dismiss, for the following reasons : “ That no applicant has caused his name to be indorsed on the “ writ which has been sued out on the probate bond, and is now “ pending in this court, as prosecutor.
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This was an action on a probate bond, and judgment for tbe plaintiff, at the February Term of the county court, 1851, to which judgment exceptions were taken by the defendant. After which the defendant filed his motion to dismiss, for the following reasons : “ That no applicant has caused his name to be indorsed on the “ writ which has been sued out on the probate bond, and is now “ pending in this court, as prosecutor. Nor has any applicant re- “ turned to, and filed in this county court, to which said writ was “ returnable, at the time of the return of said writ, the copy of the “ bond, and…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J;
This motion to dismiss was filed at the February term of the county court, at the third term after the case was entered upon the calender of 'that court. The motion is urged upon the ground that no applicant has caused his name to be indorsed as prosecutor on the writ, nor returned to, and filed in that court at the time of the return of the writ, a copy of the bond and certificate furnished by the Probate Court.
We learn from the exceptions which were allowed on trial at the August term, 1851, that at the time the suit tyas entered, the…
2Cited by2 opinions
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