Marshall Bros. v. Town of Canaan
Supreme Court of Vermont
Action op Contract to recover taxes paid under protest. Plea, the general issue. Heard on an agreed statement of facts after the April Term, 1920, Stanton, J., presiding. Judgment, for the defendant. The plaintiffs excepted. The defendant filed a motion in Supreme Court to dismiss the plaintiffs’ exceptions because they were not filed until more than thirty days after the filing of the judgment order.
1Opinion of the CourtWatson, C. J.
This ease, standing on an agreed statement of facts, was left with the presiding judge to render judgment in *320vacation. The judgment order was filed on July 23, 1919. Plaintiffs’ exceptions were not filed until thirty-six days thereafter. Defendant moves that the exceptions be dismissed because not filed within, the time limited by statute.'
The judgment being rendered in vacation, the time within which exceptions could be filed was, by G. L. 1609, to be computed from the day when the judgment order was filed in the office of the county clerk. And since the exceptions were not filed within…
2Cases cited1 opinion
- Gordon v. MeadSupreme Court of Vermont · 1908
3Cited by1 opinion
- Beam v. FishSupreme Court of Vermont · 1934