Staniford v. Barry
Supreme Court of Vermont
AUDITA QUERELA — in which the complainant set forth, that heretofore, the said Daniel and John Barry, late of Colchester, deceased, in the life time of said John, and at the time of his decease, had mutual and unsettled claims, existing between them, and after the decease of the said John, to wit, on the 8th day of September, 1819, the said Hannah, who before that time had been appointed administratrix upon the estate of the said John, represented the estate insolvent, and…
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AUDITA QUERELA — in which the complainant set forth, that heretofore, the said Daniel and John Barry, late of Colchester, deceased, in the life time of said John, and at the time of his decease, had mutual and unsettled claims, existing between them, and after the decease of the said John, to wit, on the 8th day of September, 1819, the said Hannah, who before that time had been appointed administratrix upon the estate of the said John, represented the estate insolvent, and the judge of probate appointed Moses Catlin and Davis Stone commissioners, &c.— that on the 10th day of February, 1820,…
1Opinion of the Court
The opinion of the Court was delivered by
Prentiss, J.
It is unnecessary to notice the appeal, taken by the plaintiff from the determination of the commissioners, under the special act of the legislature, passed in his favour, because we have already determined that act to be inoperative and void, and dismissed the appeal taken under it. [Staniford vs. Barry, 1 Aikens’ Rep.] The rights of the parties, therefore, are unaffected by the act, and remain in all respects as they were before the act was passed, it may be observed, however, that if the act were valid, and the appeal had been sustained,…
2Cited by7 opinions
- Griswold v. Town of RutlandSupreme Court of Vermont · 1851
- Spaulding v. SwiftSupreme Court of Vermont · 1846
- Witherell v. Goss & DelanoSupreme Court of Vermont · 1854
- Porter v. VaughnSupreme Court of Vermont · 1852
- Johnson v. RobertsSupreme Court of Vermont · 1886
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