Foster v. Foster
Supreme Court of Vermont
[In Chancery.]. Bill in Chancery. Heard on bill, supplemental bill, answer, traverse, and testimony, March Term, 1882. Bedfield, chancellor, decreed: “That the cause be referred to a master to ascertain the amount now due and to grow due on the amounts decreed to the children of the oratrix, for whom the said Lyman A. Gale is guardian; also the sum due the oratrix on the decree of divorce and alimony and to grow due hereafter; and that Joel Foster, Jr., the trustee, be…
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[In Chancery.]. Bill in Chancery. Heard on bill, supplemental bill, answer, traverse, and testimony, March Term, 1882. Bedfield, chancellor, decreed: “That the cause be referred to a master to ascertain the amount now due and to grow due on the amounts decreed to the children of the oratrix, for whom the said Lyman A. Gale is guardian; also the sum due the oratrix on the decree of divorce and alimony and to grow due hereafter; and that Joel Foster, Jr., the trustee, be decreed to convert the notes and securities in his hands into money as soon as may be, and pay the same to the guardian of…
1Opinion of the Court
The opinion of the court was delivered by
Eowell, J.
In the answer of Samuel S. Poster it is averred on information and belief that the oratrix’s libel for divorce was amended by setting up a cause that arose after the libel was brought, and that the divorce was granted for that causé -and not for a cause that existed at the time the libel- was brought. The answer is not evidence of the fact, and no -other answer makes the averment, and- there is no evidence in • the' case to sustain it, nor is the point made in defendants’ brief. The record shows that the divorce was granted on the libel as it…
2Cases cited7 opinions
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