In Re Petition of Smith

The order resulting from a recount proceeding involving the senatorial seats in Chittenden-Grand Isle sena torial district is challenged here. The device used is denominated a notice of appeal. Since the statute involved, 17 V.S.A. § 1362, specifically denies a “right of other recount, review or appeal”, this notice was met by a motion to dismiss.

The issue is urgent, and a matter of public concern, aside from the interests of the candidates, with the convocation of the General Assembly only a few days away. Since the validity of the election was contested below under the appropriate statute,…