Probate Court ex rel. Hutchins v. Gleed
Supreme Court of Vermont
Debt upon a bond. The facts in the case sufficiently appeal® in the opinion of the court. The county court at the December Term, 1860, Aldis, J., presiding, rendered judgement for the defendant, to which the plaintiff excepted.
1Opinion of the CourtBarrett, J.
This suit is upon a bond given in pursuance of the statute, upon the taking of an appeal from the allowance of a claim against the estate of Perley Hutchins. It appears that no order of notice to the appellee was made by the probate court, nor was any notice of said appeal given, nor was the appeal entered by either party in the county court. The alleged breach of the bond consists in not having prosecuted said appeal; and in the argument it is claimed .that it particularly consists in not having given notice of the appeal, agreeably to the requirement of the statute, and thereby the…
2Cases cited4 opinions
- Bank of Orange County v. KidderSupreme Court of Vermont · 1848
- Probate Court v. ChapinSupreme Court of Vermont · 1858
- Probate Court v. SlasonSupreme Court of Vermont · 1851
- Broughton v. HoweSupreme Court of Vermont · 1834
3Cited by2 opinions
- Barnes v. DowSupreme Court of Vermont · 1887
- Probate Court v. Indemnity Insurance Co. of North AmericaSupreme Court of Vermont · 1934