Coolidge v. Coolidge

This is an action for partition of jointly owned property. The matter has proceeded to the point of a judgment ordering partition, but the division proceedings provided for in 12 V.S.A. § 5169 have not yet been ordered. The defendant, who opposes partition, appealed this judgment in regular form and has been confronted by a claim that this order is not final, but interlocutory, and can come up only by the certification procedures of V.R.A.P. 5. But Blanchard v. Cross, 97 Vt. 370, 372, 123 A. 382 (1924), defines the judgment to partition as being final with respect to the right to the remedy.…