Ford v. Hersey
Supreme Court of Vermont
Bill in Equity brought to set aside two deeds from plainT tiffs to defendant Hersey. Heard on bill, answer, special master’s report, defendants’ exceptions thereto, motion of defendant Hersey for leave to file a cross bill, motion of defendant Hersey for an order on the receiver to pay a sum of money to him, and motion of defendants Smith for leave to file a cross bill, at the September Term, 1917, Chittenden County, Fish, Chancellor.
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Bill in Equity brought to set aside two deeds from plainT tiffs to defendant Hersey. Heard on bill, answer, special master’s report, defendants’ exceptions thereto, motion of defendant Hersey for leave to file a cross bill, motion of defendant Hersey for an order on the receiver to pay a sum of money to him, and motion of defendants Smith for leave to file a cross bill, at the September Term, 1917, Chittenden County, Fish, Chancellor. Decree, overruling defendants’ exceptions and motions, and for the plaintiffs as hereinafter stated. The defendants appealed. The master reported that the…
1Opinion of the CourtWatson, C. J.
It is said that the decree rendered below gives no consideration to the matters sought to be brought into *410the case by the motion of defendant Hersey for leave to file a cross bill, and that in the circumstances of the, case the denial of the motion was an abuse of discretion, and consequently an error which this Court will correct. The principle here invoked is well understood, but to make it applicable a clear ease of such abuse must be made to appear. Our attention is called to the fact that it appears from the transcript that when the consideration or inducement for the deeds of April 6,…
2Cases cited3 opinions
- State v. WardSupreme Court of Vermont · 1888
- State v. FitzgeraldSupreme Court of Vermont · 1900
- State v. PowersSupreme Court of Vermont · 1900
3Cited by8 opinions
- Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
- MacDonald, B.N.F. v. OrtonSupreme Court of Vermont · 1926
- Donovan v. TowleSupreme Court of Vermont · 1926
- Tyrrell v. GoslantSupreme Court of Vermont · 1919
- In re Estate of ClogstonSupreme Court of Vermont · 1919
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