Marshall Bros. v. Town of Canaan

Supreme Court of Vermont

Marshall Bros. v. Town of Canaan

111 A. 343, 94 Vt. 319, 1920 Vt. LEXIS 211

CourtSupreme Court of Vermont

DecidedOctober 5, 1920

StatusPublished

Cited by1 cases

This text of 111 A. 343 (Marshall Bros. v. Town of Canaan) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marshall Bros. v. Town of Canaan, 111 A. 343, 94 Vt. 319, 1920 Vt. LEXIS 211 (Vt. 1920).

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Opinion

Watson, C. J.

This ease, standing on an agreed statement of facts, was left with the presiding judge to render judgment in [320]*320vacation. The judgment order was filed on July 23, 1919. Plaintiffs’ exceptions were not filed until thirty-six days thereafter. Defendant moves that the exceptions be dismissed because not filed within, the time limited by statute.'

The judgment being rendered in vacation, the time within which exceptions could be filed was, by G. L. 1609, to be computed from the day when the judgment order was filed in the office of the county clerk. And since the exceptions were not filed within thirty days thereafter, they were ineffectual, and this Court has no jurisdiction. G. L. 2258; Gordon v. Mead, 81 Vt. 36, 69 Atl. 134. If the time could have been extended, no attempt was made to do so.

Exceptions dismissed.

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Watson, C. J.

This ease, standing on an agreed statement of facts, was left with the presiding judge to render judgment in [320]*320vacation. The judgment order was filed on July 23, 1919. Plaintiffs’ exceptions were not filed until thirty-six days thereafter. Defendant moves that the exceptions be dismissed because not filed within, the time limited by statute.'

The judgment being rendered in vacation, the time within which exceptions could be filed was, by G. L. 1609, to be computed from the day when the judgment order was filed in the office of the county clerk. And since the exceptions were not filed within thirty days thereafter, they were ineffectual, and this Court has no jurisdiction. G. L. 2258; Gordon v. Mead, 81 Vt. 36, 69 Atl. 134. If the time could have been extended, no attempt was made to do so.

Exceptions dismissed.

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Bluebook (online)

111 A. 343, 94 Vt. 319, 1920 Vt. LEXIS 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshall-bros-v-town-of-canaan-vt-1920.

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