Brewster v. Shelton
Supreme Court of Connecticut
Brewster presented a petition to the court of probate for the district of New Haven, alleging that he was an attaching creditor of Shelton, and praying for the appointment of a trustee of the property of Shelton, for the benefit of his creditors, pursuant to the provisions of the statute of 1853, entitled “ An act for the relief of insolvent debtors, and for the more equal distribution of their effects among their creditors.”
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Brewster presented a petition to the court of probate for the district of New Haven, alleging that he was an attaching creditor of Shelton, and praying for the appointment of a trustee of the property of Shelton, for the benefit of his creditors, pursuant to the provisions of the statute of 1853, entitled “ An act for the relief of insolvent debtors, and for the more equal distribution of their effects among their creditors.” Loren Cowdrey and James Laurie, also attaching creditors of Shelton, afterward presented their petitions to the court of probate, alleging that they had acquired liens…
1Opinion of the CourtWaite, C. J.
The statute, authorizing appeals from decisions of courts of probate, provides that all persons present, of full age, “ shall appeal to the next superior court, and not afterward.” Stat. 1854, p. 280. Brewster, the appellant in the present case, was present on the 15th of January, 1855, when his application was dismissed by the court of probate, and on the 26th day of February following, took an appeal to the superior court, holden on the fourth Tuesday of January, 1855. The question arising upon these facts is, whether thé appeal was taken to the next superior court, within the meaning of…
2Cases cited1 opinion
- Commonwealth v. Justices of the Court of SessionsMassachusetts Supreme Judicial Court · 1809
3Cited by7 opinions
- Murphy v. Elms HotelSupreme Court of Connecticut · 1926
- Orcutt's Appeal From ProbateSupreme Court of Connecticut · 1892
- In re WilliamsDistrict Court, E.D. Michigan · 1876
- In re Boston, H. & E. R.U.S. Circuit Court for the District of Connecticut · 1871
- Commercial National Bank's Appeal from ProbateSupreme Court of Connecticut · 1890
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