Rindge v. Green
Supreme Court of Vermont
Debt on judgment brought to Windsor County Court at its May Term, 1876, by a writ served as trustee process, on January 25. The defendant and the trustees then appeared, and the cause was continued. At the next term judgment was rendered against the defendant. The cause was continued as to the trustees from term to term.
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Debt on judgment brought to Windsor County Court at its May Term, 1876, by a writ served as trustee process, on January 25. The defendant and the trustees then appeared, and the cause was continued. At the next term judgment was rendered against the defendant. The cause was continued as to the trustees from term to term. At some time prior to the May Term, 1878, having learned that there was to be no contest between the plaintiff and the trustees, and that the trustees were willing to pay the funds in their hands to any proper party, the plaintiff’s attorney agreed to protect the rights of…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The plaintiff’s claim that there was error in the judgment of the County Court in discharging the trustees because it deprived him of the opportunity of a trial in regard to the residence of the trustees, is not well founded. The trustees, in their separate disclosures under oath, alleged that their residence was in New Hampshire, and not in Vermont, when served with process in suit, and ever since has been, and that they had no authorized agent in the State during that time. The plaintiff did not traverse these allegations nor take issue…
2Cases cited9 opinions
- Bradley v. Town of RichmondSupreme Court of Vermont · 1834
- Ferris v. FerrisSupreme Court of Vermont · 1853
- Peck v. BarnumSupreme Court of Vermont · 1852
- Hill v. WhitneySupreme Court of Vermont · 1844
- Emerson v. PaineSupreme Court of Vermont · 1837
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pennsylvania R. R. v. RogersWest Virginia Supreme Court · 1903
- In re GarneauCourt of Appeals for the Seventh Circuit · 1904
- Weed Sewing Machine Co. v. BoutelleSupreme Court of Vermont · 1884
- In re DeansDistrict Court, W.D. Arkansas · 1913
- Mckinney v. MillsSupreme Court of Minnesota · 1900
4 more not listed; retrieve them via the Exa API.