Hodge Mattheis v. Vt. Stone Corp.

This is a petition for a new trial brought to this Court under the provisions of P. L. 2106, wherein the petitioners, the plaintiffs below, allege that their failure to file their bill of exceptions within thirty days after the rising of the September, 1943, Term of Chittenden County Court, as required by P. L. 2068, was due to the illness of the Hon. Walter H. Cleary, the Presiding Judge at the Term.

The County Court rose on November 18, 1943, and the statutory period of thirty days expired on December 18. On December 15 the petitioners’ counsel mailed the bill of exceptions from Burlington,…