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Dolham v. Crowne

Supreme Court of Vermont. January Term, 1939
Jan 11, 1939
3 A.2d 548 (Vt. 1939)

Opinion

Opinion filed January 11, 1939.

1. Mode of Effecting Chancery Appeals — 2. Filing of Motions for Appeal to Supreme Court from Probate Court under P.L. 3001.

1. Chancery appeals are effected by motions filed with clerk of court of chancery, without more.

2. Under provisions of P.L. 3001, permitting appeal from probate court direct to Supreme Court on question of law in manner provided in cases of appeals from court of chancery, motion for appeal should be filed with register or judge of probate rather than with clerk of Supreme Court, and where this was not done appeal was dismissed on motion therefor.

ATTEMPTED APPEAL IN PROBATE. From an order of the probate court for the district of Orleans an attempt was made to appeal direct to the Supreme Court on a question of law. The appellee moved to dismiss the appeal on the ground that the motion for appeal had not been filed in probate court as required under the provisions of P.L. 3001. Appeal dismissed.

W.C. Lindsay for the appellant.

F.C. Williams for the appellee.

Present: MOULTON, C.J., SHERBURNE, BUTTLES, STURTEVANT and JEFFORDS, JJ.


This attempted appeal from an order of the probate court for the district of Orleans is met with a motion to dismiss. By P.L. 3001, "a person interested in an order, sentence, decree or denial of a probate court involving only a question of law may take an appeal therefrom directly to the supreme court in the manner provided in cases of appeals from the court of chancery." Chancery appeals are effected by motions filed with the clerk of that court — without more. Hyde Park v. St. J. L.C.R.R. Co., 84 Vt. 326, 79 A. 873; Gove v. Gove's Admr., 87 Vt. 468, 470, 89 A. 868; In re Robinson's Will, 101 Vt. 464, 144 A. 457, 75 A.L.R. 59. So under a statute quite like the one here involved, appeals from the orders of the public service commission are taken by motions filed with its clerk. Hyde Park v. St. J. L.C.R.R. Co., 83 Vt. 562, 563, 77 A. 913. In the last named case the motion for appeal was filed with the clerk of this Court rather than with the clerk of the commission and for that reason the appeal was dismissed. So here the appeal should have been filed with the register of the probate court, who performs the duties of the clerk of that court, P.L. 2730, or with the judge, who may perform the register's duties, P.L. 2733, instead of with the clerk of this Court. This procedure makes complete the records of the probate court, and harmonizes the requirement with our other statutes governing appeals, such as appeals from the judgments of justice courts and courts of chancery, all of which are to be filed with the court rendering the judgment or decree appealed from.

Appeal dismissed.


Summaries of

Dolham v. Crowne

Supreme Court of Vermont. January Term, 1939
Jan 11, 1939
3 A.2d 548 (Vt. 1939)
Case details for

Dolham v. Crowne

Case Details

Full title:BERTHA R. DOLHAM v. HANNAH CROWNE, ADMX

Court:Supreme Court of Vermont. January Term, 1939

Date published: Jan 11, 1939

Citations

3 A.2d 548 (Vt. 1939)
3 A.2d 548