United States v. Cano Et Ux.

135 A. 1 | Vt. | 1926

Lead Opinion

The record sent up to the Supreme Court states that this action is a bill in equity, brought by the State's attorney of Washington County, in the name of the United States of America, pursuant to Title 2 of the Act of Congress, dated October 28, 1919, known as the "National Prohibition Act," against Manuel Cano and his wife, Julia Cano, both of the city of Barre; that the case was heard before the chancellor (named) upon the bill, answer, and demurrer which was incorporated in the answer; that to the overruling of *112 demurrer, and the entering of a decree according to the bill, defendants excepted; that the time for filing exceptions was extended thirty days; that the exceptions were allowed, decree and injunction stayed, and cause passed to the Supreme Court. This bill of exceptions was dated the 11th day of August, 1926, and signed by the chancellor as such. The decretal order, a copy of which is attached to the bill of exceptions, was dated July 27, 1926, and signed by the chancellor.






Addendum

The decretal order, dated July 27, 1926, was final in character. No written motion for an appeal was filed by the defendants or either of them within twenty days from the date of that order, as by statute was essential to the bringing of the case to this Court for review. G.L. 1561; Gove v. Gove's Admr.,87 Vt. 468, 89 A. 868; Bragg v. Newton, 98 Vt. 102,126 A. 494. The case is therefore not here, but remains in the court of chancery. Ludlow Savings Bank Trust Co. v. Knight, 91 Vt. 172,99 A. 633. As this appears on the face of the papers, we dismiss the exceptions on our own motion. Page v. Page's Admr.,91 Vt. 188, 99 A. 780; Jones v. Stearns, Admr., 96 Vt. 138,117 A. 663.

Exceptions dismissed with costs.