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86 Vt. 62

McArthur v. Blondin

Supreme Court of Vermont

Decided May 20, 1912

Supreme Court of Vermont · decided 1912-05-20

Appeal in Chancery. Heard at the September Term, 1911, Franklin County, Waterman, Chancellor, on defendants’ motion for the appointment of a master to ascertain and report the injunction damages, and for an order restoring defendants to the possession of the land in controversy. Motion granted, as recited in the opinion. The orators appealed.

Cited by 4 later decisions — most recently February 1927

4 state decisions

Relies on Nelson v. Brown · Abbott v. Sanders · Taft v. Mossey's Administrator

Good law ✅— No negative treatment on recordhow we know

Decided 1912-05-20

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Per Curiam.

¶1When this case was remanded — Blondin v. McArthur et al., 84 Vt. 516—such proceedings were had in the court of chancery that a decree was entered appointing a master to ascertain and report the injunction damages, and restraining the orators from delaying, hindering or preventing the defendants from taking and holding possession of the land and premises in question, “until the further order of court.” Without the defendants’ knowledge, an appeal was allowed-from this decree, which appeal the defendants moved to dismiss, but the motion was overruled.

¶2It is admitted here that so much of the decree as relates to the appointment of a master is not final, but interlocutory merely, and it is apparent that the rest of it is equally so, for it does not touch the merits of the controversy, and is to be in force only “until further order” of the court.

¶3So the decree is one from which no appeal lies, and this Court, even on its own motion, will dismiss the appeal in such cases. Abbott v. Sanders, 83 Vt. 165, 74 Atl. 1058; Taft v. Mossey, 77 Vt. 165, 59 Atl. 166; Nelson v. Brown, 59 Vt. 600, 10 AtL 72.

¶4Appeal dismissed.

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