Meech v. Estate of Meech
Supreme Court of Vermont
This was an appeal from the judgment of the probate court setting,out a homestead to the appellee. When the appeal was entered the appellee moved that it be dismissed because no notice was ever given to her that an appeal had been prayed for or allowed. Nor was any citation ever served upon her to appear in court to attend to the same agreeably to the statute in such case made and provided. The court overruled the motion, to which the appellee excepted.
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This was an appeal from the judgment of the probate court setting,out a homestead to the appellee. When the appeal was entered the appellee moved that it be dismissed because no notice was ever given to her that an appeal had been prayed for or allowed. Nor was any citation ever served upon her to appear in court to attend to the same agreeably to the statute in such case made and provided. The court overruled the motion, to which the appellee excepted. The cause was then referred to Hon. Milo L. Bennett. It appeared from an agreed statement of facts submitted to the referee that Ezra Meech…
1Opinion of the CourtAldis, J.
The motion to dismiss was properly overruled. Upon an appeal from the probate court to the county court if the appeal is entered without giving to the appellee the requisite notice, the practice is not to dismiss the appeal, but to continue the case and give the notice.
Under the probate act of 1821 the appeal was taken to the supreme court instead of the county court, — as the supreme court then had appellate jurisdiction in trials of fact both from the county and probate courts ; but the provision, that the appellant should give the notice directed by the probate court, was substantially the…
2Cases cited1 opinion
- Woodward v. SpearSupreme Court of Vermont · 1838
3Cited by21 opinions
- Jackson v. JacksonSupreme Court of Florida · 1925
- Cowdrey v. HitchcockIllinois Supreme Court · 1882
- Wilson v. FridenburgSupreme Court of Florida · 1882
- Holbrook v. WightmanSupreme Court of Minnesota · 1883
- In re Hatch's EstateSupreme Court of Vermont · 1890
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