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11 Vt. 247

Barlow v. Thrall

Supreme Court of Vermont

Decided January 15, 1839

Supreme Court of Vermont · decided 1839-01-15

This was a petition for leave to enter an appeal from the judgment of the commissioners, on the estate of Nathan Pratt, deceased, disallowing two claims presented by the petitioner against said estate. One of said claims was in the name of Barlow & Ewing, for $21,58, of which $10,17 was disallowed. The other was in the name of Barlow & Osgood, for $19,68, the whole of which was disallowed.

Decided 1839-01-15

¶1The opinion of the court was delivered by

Williams, Ch. J.

¶2The prayer of the petitioner would be granted if the case were appealable. It appears, however^ that there has not been to the amount of twenty dollars disallowed on any one claim of the petitioner. He has two distinct and several claims, one in the name of Barlow & Osgood, on which the sum of nineteen dollars and sixty eight cents was disallowed, and one in favor of Barlow & Ewing, on which ten dollars and seventeen cents was disallowed ; and although he was the owner of both claims, yet they were several and distinct, and could only have been presented in the name of the several parties. The petition must, therefore, be dismissed.

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