Legal Opinion

Marsh v. Graves

Supreme Court of Vermont

Decided May 15, 1896PublishedCited by 5 opinions

Petition for leave to enter an appeal from an order of the' probate court for the district of Bennington. .The petitionee moved to dismiss. Pleard upon such motion at the December term, 1895, Bennington county, Munson, J., presiding. Motion overruled. The petitionee excepts. ' Failure to enter this appeal resulted from the carelessness -of the petitioner. Therefore he can have no relief.

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Petition for leave to enter an appeal from an order of the' probate court for the district of Bennington. .The petitionee moved to dismiss. Pleard upon such motion at the December term, 1895, Bennington county, Munson, J., presiding. Motion overruled. The petitionee excepts. ' Failure to enter this appeal resulted from the carelessness -of the petitioner. Therefore he can have no relief. Babcock v. Brown, 25 Vt. 550; Burbeck v. Liple, 50 Vt. 713; Congdon v. Congdon, 59 Vt. 599; Davison v. Heffron, 31 "Vt. 688 ; Finney v. Hill, 11 Vt. 234. Upon the facts stated the petitioner is entitled to…

1Opinion of the CourtRowell, J.

This is a petition for leave to enter an appeal from the decision and report of commissioners on the estate of Luther R. Graves. The petition alleges the seasonable taking of an appeal by the petitioner, but avers that the probate court, by accident or mistake, did not direct the manner of giving notice of the appeal in time to enable the petitioner to give seasonable notice thereof, and that therefore the petitioner did not nor could seasonably enter and docket the same in the appellate court. It further alleges that at the _ time the appeal was allowed, the petitioner supposed and believed,…

2Cases cited1 opinion

  1. Alexander v. School District No. 6.Supreme Court of Vermont · 1890

3Cited by5 opinions

  1. Clement v. GrahamSupreme Court of Vermont · 1906
  2. Lynch's Admr. v. Central Vermont Railway Co.Supreme Court of Vermont · 1915
  3. Taft v. TaftSupreme Court of Vermont · 1909
  4. Ferry v. Miltimore Elastic Steel Car Wheel Co.Supreme Court of Vermont · 1899
  5. Noyes v. Village of Hyde ParkSupreme Court of Vermont · 1901

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