Allen v. Rice
Supreme Court of Vermont
Debt upon a judgment of commissioners. The action was originally brought against Rice, Asaph Fletcher and Grover Dodge ; but Fletcher deceased, during its pendency in the supreme court, and Dodge was discharged upon a plea of bankruptcy.
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Debt upon a judgment of commissioners. The action was originally brought against Rice, Asaph Fletcher and Grover Dodge ; but Fletcher deceased, during its pendency in the supreme court, and Dodge was discharged upon a plea of bankruptcy. The plaintiff alleged in his declaration, that commissioners were duly appointed, June 27, 1839, upon the estate of Edson, of which the plaintiff was appointed administrator; that on the eighteenth of December, 1839, the defendants presented before the commissioners a claim against the estate, upon a promissory note, and the administrator then presented, as…
1Opinion of the Court
*336The opinion of the court was delivered by
Redfield, J.
In this case the defendant and two others, who have gone out of the suit, presented a claim against the estate, which the plaintiff represents, to which the plaintiff replied in offset, and the commissioners allowed both claims. The plaintiff filed objections to the defendant’s claim under the statute of 1821. The defendant took no farther proceedings; and the plaintiff has now brought this action of debt upon the allowance of his claims on behalf of the estate, claiming that in consequence of his filing objections to the defendant’s claim,…
2Cases cited1 opinion
- Hunt v. FaySupreme Court of Vermont · 1835
3Cited by8 opinions
- Wetmore & Morse Granite Co. v. RyleSupreme Court of Vermont · 1919
- Probate Court v. KentSupreme Court of Vermont · 1877
- Kenney v. HowardSupreme Court of Vermont · 1895
- Moore v. BachelderSupreme Court of Vermont · 1878
- Woodbury v. Woodbury's EstateSupreme Court of Vermont · 1875
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