Taft v. Mossey's Administrator

Supreme Court of Vermont

Taft v. Mossey's Administrator

59 A. 166, 77 Vt. 165, 1904 Vt. LEXIS 108

CourtSupreme Court of Vermont

DecidedNovember 26, 1904

StatusPublished

Cited by4 cases

This text of 59 A. 166 (Taft v. Mossey's Administrator) 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

Taft v. Mossey's Administrator, 59 A. 166, 77 Vt. 165, 1904 Vt. LEXIS 108 (Vt. 1904).

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Opinion

HasEETOn, J.

The orator asks to have the will of Amable Mossey construed conformably to the provisions of No. 40, Acts of 1896. The cause was heard on demurrer, general and special, to the orator’s bill as amended. The demurrer was overruled pro forma and the bill adjudged sufficient. The cause was not further proceeded with in the Court of Chancery, but, without more, an appeal was taken to this Court. The decree rendered was, however, not final and the appeal did not lie. The cause remains in the Court of Chancery for further proceedings. Wright & Valley v. Creamery Co., 77 Vt. 17.

We see nothing in the act above referred to', to make the case exceptional, and V. S. 1629 has no application to cases in chancery.

The practice should be uniform and well understood. It appearing on the face of the papers that the case is not now properly before this Court,

The appeal is dismissed.

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HasEETOn, J.

The orator asks to have the will of Amable Mossey construed conformably to the provisions of No. 40, Acts of 1896. The cause was heard on demurrer, general and special, to the orator’s bill as amended. The demurrer was overruled pro forma and the bill adjudged sufficient. The cause was not further proceeded with in the Court of Chancery, but, without more, an appeal was taken to this Court. The decree rendered was, however, not final and the appeal did not lie. The cause remains in the Court of Chancery for further proceedings. Wright & Valley v. Creamery Co., 77 Vt. 17.

We see nothing in the act above referred to', to make the case exceptional, and V. S. 1629 has no application to cases in chancery.

The practice should be uniform and well understood. It appearing on the face of the papers that the case is not now properly before this Court,

The appeal is dismissed.

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Bluebook (online)

59 A. 166, 77 Vt. 165, 1904 Vt. LEXIS 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taft-v-mosseys-administrator-vt-1904.

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