Higbee v. Sutton
Supreme Court of Vermont
In this case the exceptions were not filed in the county court within thirty days after the rising of the court, in accordance with the requirements of the statute upon that subject. The party, in whose favor was the judgment in the court below, objected to proceeding in the case on account of that irregularity.
1Opinion of the Court
By the Court.
The case is the same as if no exceptions had ever been taken or filed in the county court. After the expiration of thirty days from the rising of the county court, no exceptions can properly be placed upon the record. If a bill of exceptions be presented after that time has elapsed, the clerk has no power to receive them ; and if he do receive them, and place them on file, they properly form no part of the record in the case, at least so far as bringing the case into this court on exceptions is concerned. The course of practice, at common law, required the bill of exceptions to…
2Cited by2 opinions
- Mead v. Town of MoretownSupreme Court of Vermont · 1900
- State v. GomezSupreme Court of Vermont · 1915