Clark v. Tabor
Supreme Court of Vermont
Ejectment, brought by the plaintiff, May 9,1849, as administrator of Thomas Clark. The defendant pleaded in abatement, that the administrator had not, at the time of bringing his suit, given any administration bond. The plaintiff replied, that such bond was given ; and issue was joined. Trial by the court, September Term, 1849, — Poland, J., presiding.
Read the full summary
Ejectment, brought by the plaintiff, May 9,1849, as administrator of Thomas Clark. The defendant pleaded in abatement, that the administrator had not, at the time of bringing his suit, given any administration bond. The plaintiff replied, that such bond was given ; and issue was joined. Trial by the court, September Term, 1849, — Poland, J., presiding. On trial the plaintiff gave in evidence a copy of the record of the probate court of May 8, 1849, in which it was stated, that, upon hearing, it was decreed by the court, that the plaintiff be appointed to administer upon the estate, and that…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The plea in abatement alleges, that the administrator had not, at the time, this suit was commenced, given any administration bond ; and this is traversed. The question for consideration is, do the facts in evidence, and which were proved in the county court, constitute legal proof, that a bond had been executed prior to the institution of this suit 1
No question is raised in regard to the due appointment of the plaintiff, as administrator, before this suit was commenced; and the probate record shows the appointment to have been made on the…
2Cited by1 opinion
- Probate Court v. NilesSupreme Court of Vermont · 1860