Legal Opinion

Hulett v. Hulett

Supreme Court of Vermont

Decided January 15, 1865PublishedCited by 13 opinions

Indebitatus assumpsit in five counts. Pleas, tbe general issue, the statute of limitations, and that the defendant and Silas J. Hulett, the plaintiff’s intestate, when the said supposed causes of action ao* crued, were residents of and had their respective domicils in Hampton, in the state of New York, and not elsewhere, and continued to reside there until the decease of the intestate, and that the defendant, ever since the decease of the intestate, has resided and had his…

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Indebitatus assumpsit in five counts. Pleas, tbe general issue, the statute of limitations, and that the defendant and Silas J. Hulett, the plaintiff’s intestate, when the said supposed causes of action ao* crued, were residents of and had their respective domicils in Hampton, in the state of New York, and not elsewhere, and continued to reside there until the decease of the intestate, and that the defendant, ever since the decease of the intestate, has resided and had his domicil, and still resides and has his domicil, in Hampton, and not elsewhere. The plaintiff by his replication traversed…

1Opinion of the Court

Poland, Ch. J.

The defendant claimed at the trial that he was a resident of the state of New York at the time administration was granted in this state to the plaintiff on the estate of Silas J. Hulett, *585and continued a resident there until after this suit was brought, so that if there was any debt due from him to the intestate, it was assets in that state, and could only be recovered by an administrator there, and not by the plaintiff.

The plaintiff was appointed administrator October 80th, 1861, and commenced this, suit February 17th, 1862.

It seems to have been conceded that about the 1st of…

2Cited by13 opinions

  1. City of Chicago v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1894
  2. City National Bank of Columbus v. JordanSupreme Court of Iowa · 1908
  3. Larson v. Chicago, M. & St. P. R'y. Co.South Dakota Supreme Court · 1905
  4. Edie v. ColemanMissouri Court of Appeals · 1940
  5. Crawford v. JoslynSupreme Court of Vermont · 1910

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