Wright & Valley v. Creamery Package Co.
Supreme Court of Vermont
Appeal in Chancery, Orleans County. Heard at Chambers on demurrer to the bill. Stafford, Chancellor. Demurrer overruled, pro forma and bill adjudged sufficient. The defendant appealed. At its May Term, 1904, on motion of the orators, the Supreme Court dismissed the appeal.
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Appeal in Chancery, Orleans County. Heard at Chambers on demurrer to the bill. Stafford, Chancellor. Demurrer overruled, pro forma and bill adjudged sufficient. The defendant appealed. At its May Term, 1904, on motion of the orators, the Supreme Court dismissed the appeal. The demurrer which was overruled is for “that the complainants have not, in and by their said bill, stated such a case as doth or ought to entitle them to> any such discovery or relief in equity as is thereby sought and prayed for, from or against this defendant; that, if the matters stated do. give the complainants any…
1Per curiam
If, on the hearing of a demurrer to a bill in chancery, the demurrer is overruled, and the bill adjudged sufficient, but not taken as confessed, there is no final decree, and an appeal to the Supreme Court does not lie. The case remains in the court of chancery, to be further proceeded with. In accordance with this rule, drawn from the statutes, and recognized by the rules of court, the appeal in this case, is, on motion, dismissed.
2Cited by1 opinion
- Taft v. Mossey's AdministratorSupreme Court of Vermont · 1904