69 Vt. 369

Lamoille County Savings Bank and Trust Co. vs. Murray Buck, et al.

January Term, 1897.

Present: Ross, C. J., Taft, Rowell, Tyler and Munson, JJ.

Appeal from Chancery.

No appeal lies to this court from the court of chancery upon the taxation of costs alone.

Petition to foreclose a mortgage. Heard as of the April Term, 1895, Lamoille Comity, upon an appeal from the clerk’s taxation of costs. Start, Chancellor, disallowed certain items in defendant Hunt’s bill of costs, from which disallowance he appealed.

P. K. Gleed for the petitioner.

B. A. Hunt, pro se.

Tart, J.

It appears from the record in this cause that no appeal was taken from the final decree. It is only from such a decree that one can be had. V. S. 981; Nelson v. Brown, 59 Vt. 600. The cause, therefore, is not properly in this court and should be remanded to the court of chancery. The appeal was taken from the taxation of costs only, and will not lie. Mott v. Harrington, 15 Vt. 185. The court rarely if ever reverses a decree on the question of costs alone. Hastings v. Perry, 20 Vt. 272; Sanborn v. Kittredge, ibid 632; Sanders v. Wilson, 34 Vt. 318; Lamoille Valley R. Co. v. Bixby, 57 Vt. 548; Flannery v. Flannery, 58 Vt. 576.

Appeal dismissed and cause remanded.

Lamoille County Savings Bank & Trust Co. v. Buck
69 Vt. 369

Case Details

Name
Lamoille County Savings Bank & Trust Co. v. Buck
Decision Date
Jan 1, 1897
Citations

69 Vt. 369

Jurisdiction
Vermont

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