Gove v. Gove's Admr.
Supreme Court of Vermont
Appeal in chancery, 'Windsor County. Heard at Chambers, August 23, 1913, on the pleadings and master’s report. Decree dismissing the bill with costs. The oratrix appealed. Heard in Supreme Court on motion to dismiss oratrix’s appeal.
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Appeal in chancery, 'Windsor County. Heard at Chambers, August 23, 1913, on the pleadings and master’s report. Decree dismissing the bill with costs. The oratrix appealed. Heard in Supreme Court on motion to dismiss oratrix’s appeal. The decretal order dismissing the bill was filed Aug. 23, 1913. The motion for the appeal now in the files was received and filed by the clerk Oct. 10, 1913. The ground of the motion is that the motion for an appeal was filed more than twenty days after the decretal order was filed. The oratrix’s administrator filed here affidavits tending to show that a written…
1Opinion of the Court
By the Court.
To take an effectual appeal from an order or decree in chancery the appealing party must procure a written motion therefor to be filed with the clerk-of the court in' which the cause is pending. P. S. 1307. Both term and vacation decrees in chancery are appealed from in the same way and within the same time, viz.: twenty days from the time the final decree- or decretal order is filed with the clerk of the court. West Derby v. Cemetery Asso., 69 Vt. 168, 37 Atl. 239; Greene v. McDonald et al., 72 Vt. 258, 47 Atl. 779; Hyde Park v. St. J. & L. C. R. R. Co. 84 Vt. 326, 79 Atl. 873.…
2Cases cited13 opinions
- Peterson v. TaylorSupreme Court of Georgia · 1854
- Oats v. StateIndiana Supreme Court · 1899
- McGowan v. GriffinSupreme Court of Vermont · 1896
- Smith v. BurtonSupreme Court of Vermont · 1895
- Town of Hyde Park v. St. Johnsbury & Lake Champlain RailroadSupreme Court of Vermont · 1910
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3Cited by10 opinions
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- Ludlow Savings Bank & Trust Co. v. KnightSupreme Court of Vermont · 1917
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