Gove v. Dyke
Supreme Court of Vermont
It appeared that this case was tried before the chancellor ■at an adjourned term of his court, and a final decree passed. The orator expressed a desire to appeal the case to this court and did in fact intend to have had his appeal formally entered during the term, but the court adjourned before any such entry was made. On application to the chancellor, these' facts being made to appear, the appeal was allowed as of the previous term.
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It appeared that this case was tried before the chancellor ■at an adjourned term of his court, and a final decree passed. The orator expressed a desire to appeal the case to this court and did in fact intend to have had his appeal formally entered during the term, but the court adjourned before any such entry was made. On application to the chancellor, these' facts being made to appear, the appeal was allowed as of the previous term. The defendants now moved to dismiss the appeal.
1Opinion of the Court
By the court.
This appeal was irregularly taken. By the express terms of the statute, all appeals in chancery must be taken, at the term, at which the final decree is made. This appeal is dismissed.
2Cited by2 opinions
- Gove v. Gove's Admr.Supreme Court of Vermont · 1914
- Smith v. ScribnerSupreme Court of Vermont · 1886