Appliance Acceptance Co. v. Stevens, 1291

Decision Date07 January 1958
Docket NumberNo. 1291,1291
Citation120 Vt. 255,138 A.2d 309
PartiesAPPLIANCE ACCEPTANCE CO. v. Edward W. STEVENS, Mabel S. Stevens.
CourtVermont Supreme Court

Exceptions from County Court, Windsor County; Milford K. Smith, Superior Judge.

Russell A. Clark, Jr., Springfield, Bernard R. Dick, Rutland, for plaintiff.

William F. Kissell, Tony F. Kissell, Bellows Falls, for defendants.

Before CLEARY, ADAMS, HULBURD and HOLDEN, JJ. and SYLVESTER, Superior Judge.

HOLDEN, Justice.

Although there are different defendants in this cause than in Appliance Acceptance Co. v. Raymond, Vt., 138 A.2d 308, the pleadings, the bills of exceptions, and orders purporting to transfer the actions for review before final judgment, are substantially the same in form and subject-matter. The two cases were considered together below and are subject to the same jurisdictional infirmity in this Court. The decision in Appliance Acceptance Co. v. Raymond is conclusive here and controls the disposition of this appeal.

Exceptions dismissed.

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2 cases
  • Appliance Acceptance Co. v. Stevens
    • United States
    • Vermont Supreme Court
    • May 3, 1960
    ...defendant. Before HULBURD, C. J., and HOLDEN, BARNEY and SMITH, JJ. BARNEY, Justice. An earlier stage of this case was reported in 120 Vt. 255, 138 A.2d 309. This is an appeal following hearing on the merits. The defendants seek review of the trial court's findings of fact and judgment in f......
  • Appliance Acceptance Co. v. Raymond
    • United States
    • Vermont Supreme Court
    • January 7, 1958
    ... ... Johnson v. Rickard, 115 Vt. 514, 515, 66 A.2d 23; Stevens v. Wright, 108 Vt. 359, 360-361, 187 A. 518; Cutting v. Cutting, 101 Vt. 381, 384, 143 A. 676. The right to review by this Court is granted or ... ...

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