Parker v. Parker
Supreme Court of Vermont
General Assumpsit. Trial by jury, at the September term, 1897, "Washington county, Tyler J., presiding. Verdict and judgment for the plaintiff with a close jail certificate against the defendant. The defendant excepted.
Read the full summary
General Assumpsit. Trial by jury, at the September term, 1897, "Washington county, Tyler J., presiding. Verdict and judgment for the plaintiff with a close jail certificate against the defendant. The defendant excepted. The cause was then continued as to the trustee and a commissioner appointed, upon whose report at the March term, 1898, Munson, J., presiding, judgment was rendered for claimants Shurtleff and Lamson and against claimant Camp, and discharging the trustee except as to the claimants first named. Claimant Camp excepted. Upon the jury trial the plaintiff’s evidence tended to show…
1Opinion of the Court
Thompson, J.(1) In Parker v. Parker, 69 Vt. 352, it was held in the case at bar, that the plaintiff could maintain an action at law to recover the trust funds in the hands of the defendant, belonging to her. No question was made in the court below as to whether the plaintiff must declare in special assumpsit, instead of declaring as she did, in the general counts in assumpsit. Hence it must be taken that the defendant’s exception to granting a certified execution against him, was upon the ground that the facts before the county court were not such as to warrant the granting of such an…
2Cases cited8 opinions
- Weed Sewing Machine Co. v. BoutelleSupreme Court of Vermont · 1884
- Parker v. ParkerSupreme Court of Vermont · 1897
- Enright v. BeaumondSupreme Court of Vermont · 1894
- Barron v. PorterSupreme Court of Vermont · 1872
- J. & J. H. Peck & Co. v. WaltonSupreme Court of Vermont · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wolcott v. MongeonSupreme Court of Vermont · 1914
- Rowley v. ShepardsonSupreme Court of Vermont · 1911
- Phelps v. HoldenSupreme Court of Vermont · 1934