Sheldon v. Clemmons
Supreme Court of Vermont
Appeal in Chancery. Heard on the orator’s petition for leave to file an amended bill, at the June Term, 1908, Bennington County, Miles, Chancellor. Decree, as matter of law, that the ■court of chancery is without jurisdiction to grant the petition, and that final decree be entered dismissing the bill with costs pursuant to the mandate from the Supreme Court. See 72 Yt. 185. The orator appealed.
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Appeal in Chancery. Heard on the orator’s petition for leave to file an amended bill, at the June Term, 1908, Bennington County, Miles, Chancellor. Decree, as matter of law, that the ■court of chancery is without jurisdiction to grant the petition, and that final decree be entered dismissing the bill with costs pursuant to the mandate from the Supreme Court. See 72 Yt. 185. The orator appealed. Where a cause is remanded with specific directions, the court below has no discretion in the premises, but must pursue the mandate of the appellate court. Monahan v. Monahan, 77 Yt. 155; 13 Enc. of…
1Opinion of the CourtWatson, J.
When this case was here on appeal from the decree rendered upon the pleadings, master’s report, orator’s exceptions to the report and motion to recommit the same, the decree dismissing the bill with costs was affirmed and cause remanded with mandate that the bill be dismissed. 72 Vt. 185, 47 Atl. 796. The case was thus remanded at the January Term, 1900, of this Court, and thereafter remained on the docket of the court of chancery without anything further being done until May 15, 1908, when the orator presented his petition for leave to file an amended bill. A hearing being had on the…
2Cases cited4 opinions
- Canerdy v. BakerSupreme Court of Vermont · 1882
- Sherman & Adams v. Windsor Manufacturing Co.Supreme Court of Vermont · 1885
- Sortwell v. Montpelier & Wells River R. R.Supreme Court of Vermont · 1883
- Sheldon v. ClemmonsSupreme Court of Vermont · 1900
3Cited by3 opinions
- Hooker, Corser & Mitchell Co. v. HookerSupreme Court of Vermont · 1915
- Gordon v. DeavittSupreme Court of Vermont · 1912
- Osgood v. BrownSupreme Court of Vermont · 1937