Mack v. Lewis
Supreme Court of Vermont
Appeal by plaintiff from the judgmentof a justice. Heard at the June term, 1894, Caledonia county, Tyler, J., presiding, upon a motion to dismiss. Motion overruled. The defendant excepts. The judgment was rendered January 17, and the appeal entered June 2. The defendant entered a general appearance June 15. June 16 the plaintiff filed specifications, and July 17 the defendant filed this motion to dismiss.
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Appeal by plaintiff from the judgmentof a justice. Heard at the June term, 1894, Caledonia county, Tyler, J., presiding, upon a motion to dismiss. Motion overruled. The defendant excepts. The judgment was rendered January 17, and the appeal entered June 2. The defendant entered a general appearance June 15. June 16 the plaintiff filed specifications, and July 17 the defendant filed this motion to dismiss. Since this defect was not taken advantage of at the earliest opportunity, it is waived. Dow v. School District, 46 Vt. 108.
1Opinion of the CourtMunson, J.
It is provided by s. 18, No. 28, Acts of 1892, that an appeal from the judgment of a justice shall be entered and docketed in the county clerk’s office on or before twenty-one days from the time such appeal is taken. This appeal was not entered within the time limited, and the question is whether the county court should have dismissed the appeal on motion.
Before the passage of this act an appeal could be entered only in term time ; and it was provided that if the appellant failed to enter the appeal at the next stated term of the county court, execution might issue on the justice judgment…
2Cases cited2 opinions
- Huntley v. HenrySupreme Court of Vermont · 1864
- Pollard v. WilderSupreme Court of Vermont · 1843
3Cited by8 opinions
- Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940
- Wade v. Wade's Admr.Supreme Court of Vermont · 1908
- Dependents of Vlahos v. Rutland RestaurantSupreme Court of Vermont · 1932
- Andrew v. Buck, Apt.Supreme Court of Vermont · 1924
- Murphy v. PuntSupreme Court of Vermont · 1935
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