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123 Vt. 92

182 A.2d 337

Roy v. Roy

Supreme Court of Vermont

Decided May 23, 1962

Supreme Court of Vermont · decided 1962-05-23

Cited by 9 later decisions — most recently June 1967

9 state decisions

Relies on Murphy Motor Sales, Inc. v. First National Bank

Good law ✅— No negative treatment on recordhow we know

Decided 1962-05-23

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Per Curiam.

¶1 Pending hearing of her divorce libel on the merits, the libellant sought temporary support before the county court. When she was unsuccessful, she filed a notice of appeal under the provisions of 12 V.S.A. §2382. No permission to bring the cause here before final judgment under 12 V.S.A. §2386 was asked or given.

¶2 The order appealed from was not a final judgment. The nature of the proceeding and the relief sought indentifies its interlocutory nature. Disposition of such an attempted appeal is governed by Murphy Motor Sales v. First National Bank, 121 Vt. 404, 159 A.2d 94, which declares this Court to be without jurisdiction in such circumstances.

¶3 Appeal dismissed.

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