Wilbur v. University of Vermont

This appeal by the defendant was passed to this Court before final judgment, under 12 V.S.A. §2386. The question of law sought to be reviewed arises from the lower court’s denial of the defendant’s motion to dismiss the plaintiffs’ complaint to the court of chancery. The plaintiffs request us to reject the interlocutory review for two reasons. The first ground advanced is that permission to appeal was not given by the chancellor within thirty days of his order sustaining the complaint, contrary to Supreme Court Rule 2(a) then in effect. (Supreme Court Rule 2 §2 by revision dated April 2nd,…