State v. Brown

The right of appeal is a substantial right. Its foreclosure, for causes beyond the control of the party seeking appellate review, has afforded adequate justification to this Court for granting relief by way of a new trial. Nelson v. Marshall, 77 Vt. 44, 48, 58 A. 793; Reynolds v. Romano, 96 Vt. 222, 224, 118 A. 810; Walsh v. Cole, 97 Vt. 459, 460, 123 A. 850; Falzarano v. Demasso, 98 Vt. 209, 214, 126 A. 394; Hodge & Mattheis v. Vermont Stone Products Corp., 113 Vt. 491, 492, 37 A.2d 183.

In this instance the respondent’s notice of appeal, although mailed in due time, was misdirected by…