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eBook details

• Title: Harold O'Brien v. Rosana Cook Holden Et
• Author : Supreme Court of Vermont
• Release Date : January 04, 1932
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

This suit was commenced as an action at law brought by the administrator of Mary A. K. Cook against Rosana C. Holden to recover certain unpaid items of income which had accrued under a trust created by the intestate. The defendant therein obtained an order that the action be amended into a suit in chancery and transferred to that court, in accordance with the provisions of the Practice Act. This order having been complied with, the plaintiff filed a complaint which materially broadened the scope of the original complaint--though it involved only the same trust--and brought in several new parties defendant, all of whom were interested in the outcome of the case as covered by the new complaint. It will suffice for present purposes, to refer only to the pleadings filed by Rosana C. Holden. She demurred to the complaint, and filed a motion to dismiss the same. She also filed motions to strike out certain paragraphs of the bill and to strike off certain parties defendant. Speaking broadly, these efforts were all directed to the same end. They were predicated upon the claim that the case made by the new complaint involved an entirely new case, one in no way involved in the action at law, and that it introduced new parties and interests. All this, it is insisted, is irregular and not permissible. The chancellor disposed of the questions so raised by rulings adverse to Mrs. Holden, to which she excepted. He then heard the evidence, found that Mrs. Holden held certain securities in trust, and made a preliminary decree ordering her to account. She appealed.

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