Lamoille County Savings Bank & Trust Co. v. Buck
Supreme Court of Vermont
Petition to foreclose a mortgage. Heard as of the April Term, 1895, Lamoille Comity, upon an appeal from the clerk’s taxation of costs. Start, Chancellor, disallowed certain items in defendant Hunt’s bill of costs, from which disallowance he appealed.
1Opinion of the CourtTart, J.
It appears from the record in this cause that no appeal was taken from the final decree. It is only from such a decree that one can be had. V. S. 981; Nelson v. Brown, 59 Vt. 600. The cause, therefore, is not properly in this court and should be remanded to the court of chancery. The appeal was taken from the taxation of costs only, and will not lie. Mott v. Harrington, 15 Vt. 185. The court rarely if ever reverses a decree on the question of costs alone. Hastings v. Perry, 20 Vt. 272; Sanborn v. Kittredge, ibid 632; Sanders v. Wilson, 34 Vt. 318; Lamoille Valley R. Co. v. Bixby, 57 Vt. 548;…
2Cases cited6 opinions
- Nelson v. BrownSupreme Court of Vermont · 1887
- Lamoille Valley R. R. v. BixbySupreme Court of Vermont · 1885
- Hastings v. PerrySupreme Court of Vermont · 1848
- Mott v. HarringtonSupreme Court of Vermont · 1843
- Sanders v. WilsonSupreme Court of Vermont · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Page v. Page's AdministratorSupreme Court of Vermont · 1917