Powers v. Powers' Estate
Supreme Court of Vermont
Appeal from the order of the Probate Court denying the petition of the plaintiff, praying for the appointment of commissioners upon the estate of J. C. Powers, deceased. Heard, September Term, 1883, Veazey, J., presiding. Appeal dismissed.
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Appeal from the order of the Probate Court denying the petition of the plaintiff, praying for the appointment of commissioners upon the estate of J. C. Powers, deceased. Heard, September Term, 1883, Veazey, J., presiding. Appeal dismissed. It appeared that the original action was general assumpsit, and was entered in court at the March Term, 1879; that the defendant, J. 0. Powers, deceaséd September 8, 1881, and that his administrator appeared in the case at the September Term, 1881; that the cause by the consent of the parties was referred to referees; that the referees heard it, made, and…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
At the hearing before the referees February 27, 1883, the plaintiff objected to further proceedings before the referees - on account of the death of the defendant; but his objection was ignored, and the hearing proceeded. It is *51not to be said that the plaintiff waived any rights to apply to the Probate Court for the appointment of commissioners by the continued proceedings before the referees, as the latter proceedings went on in spite of his protests. He did not voluntarily submit to the further jurisdiction of the County Court; but on the…
2Cases cited1 opinion
- Warner v. CraneSupreme Court of Vermont · 1844
3Cited by8 opinions
- Sparrow v. WatsonSupreme Court of Vermont · 1914
- O'Rourke v. ClearySupreme Court of Vermont · 1932
- Harris v. HarrisSupreme Court of Vermont · 1906
- Abraham, Exr. v. Jones, Admr.Supreme Court of Vermont · 1935
- Wetmore & Morse Granite Co. v. BertoliSupreme Court of Vermont · 1913
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