Vermont Savings Bank v. Bailey
Supreme Court of Vermont
Appeal in Chancery, Windham County. Heard at Chambers, March 8, 1912, on defendant’s motion for the dissolution, of the temporary injunction restraining the prosecution of the action at law, Taylor, Chancellor. Injunction dissolved. The orator appealed. .The opinion states the case. Though a judgment be not final in the sense of disposing of the case on its merits, yet if it is tantamount to a dismissal of the action an appeal will lie.
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Appeal in Chancery, Windham County. Heard at Chambers, March 8, 1912, on defendant’s motion for the dissolution, of the temporary injunction restraining the prosecution of the action at law, Taylor, Chancellor. Injunction dissolved. The orator appealed. .The opinion states the case. Though a judgment be not final in the sense of disposing of the case on its merits, yet if it is tantamount to a dismissal of the action an appeal will lie. Underwood Typewriter Company v. Piggott, 55 S. E. 664; Stevens et ak v. Shmv, 77 Me. 566, 1 Atl. 743; Front v. Corner, 79 111. 331; Morgan v. Bose, 22 N. J.…
1Opinion of the CourtHaselton, J.
This is a chancery appeal. The defendant moves to dismiss the appeal on the ground that it was taken from an interlocutory decree and not from a final decree.
In 1906, the orator, the Vermont Savings Bank, brought its bill in this cause against Harriet Bailey, who defended, and in 1911, she having in the meantime died, Hiram L. Sparrow, ad ministrator of her estate, entered to defend.
The ease stated by the bill is, in brief this:
The original defendant brought a suit at law against the bank in 1903. The action at law was continued from time to time at the request of the bank down to the time of…
2Cases cited6 opinions
- Nelson v. BrownSupreme Court of Vermont · 1887
- Abbott v. SandersSupreme Court of Vermont · 1910
- Hall v. LambSupreme Court of Vermont · 1855
- McArthur v. BlondinSupreme Court of Vermont · 1912
- Peck v. CraneSupreme Court of Vermont · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sparrow v. Vermont Savings BankSupreme Court of Vermont · 1921
- Page v. Page's AdministratorSupreme Court of Vermont · 1917