Wright & Valley v. Creamery Package Co.

58 A. 803, 77 Vt. 17, 1904 Vt. LEXIS 88

Opinion

PER 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.