Kenney v. Howard
Supreme Court of Vermont
Assumpsit. The defendant filed two pleas. Heard upon general demurrer to the same at the December term, 1893, Windsor county, Start, J., presiding. Demurrer sustained. The defendant excepts.
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Assumpsit. The defendant filed two pleas. Heard upon general demurrer to the same at the December term, 1893, Windsor county, Start, J., presiding. Demurrer sustained. The defendant excepts. The first plea was to the jurisdiction, and was as follows : “And the said defendant by his attorneys, D. C. Dennison & Son, comes and says that the court here ought not further to take cognizance of or sustain the action aforesaid, because he says that the cause of action aforesaid, if any ever accrued to the plaintiffs, is solely within the jurisdiction of the Hon. Probate Court within and for the…
1Opinion of the CourtThompson, J.
The first plea to which the plaintiffs demurred is to the jurisdiction of the county court. It only alleges that the cause of action, if any, is solely within the jurisdiction of the probate court within and for the district of Windsor, and not within the jurisdiction of the county court.
The probate court, by the appointment of commissioners to receive, examine, and adjust all claims and demands of all persons against an estate, and all claims and demands exhibited in offset thereto, does not thereby acquire jurisdiction of claims in behalf of the estate, except as offsets tr *378adversary…
2Cases cited8 opinions
- Royce v. MaloneySupreme Court of Vermont · 1886
- Allen v. RiceSupreme Court of Vermont · 1850
- Probate Court v. GaleSupreme Court of Vermont · 1874
- Spaulding v. WarnerSupreme Court of Vermont · 1887
- Moore v. BachelderSupreme Court of Vermont · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940
- Sumner v. GriffinCourt of Appeals of Kentucky · 1908
- Downer & Kenney v. HowardSupreme Court of Vermont · 1896
- Green Mountain Junior College v. LevineSupreme Court of Vermont · 1958
- Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940