Village of St. Johnsbury v. Dolgin

Thompson, J.

Judgment was entered overruling defendant’s demurrer to plaintiff’s amended declaration in the Caledonia County municipal court November 18, 1929. The defendant excepted. A bill of exceptions was signed by the municipal judge November 19, 1929, passing the cause to this Court before final judgment, and was entered and filed in this Court the same day.

The plaintiff has filed a motion to dismiss the defendant’s exceptions. The motion contains several grounds, but the only one we consider is the fifth; that the exceptions were not filed with the clerk of Caledonia County municipal court within thirty days after the rising of the session at which said cause was heard.

G. L. 1647, 2258, provide for passing causes from municipal courts to this Court. In Jones v. Metcalf, 95 Vt. 67, 112 Atl. 831, we held that under the provisions of these sections of the statute exceptions to the judgment of a municipal court must be filed in that court within thirty days from the rendition of final judgment, except when a special time for filing the same is fixed by the trial court. A certified transcript of the docket entries in this cause in the court below fails to show that the exceptions were filed in that court.

The provisions of the statute for passing causes to this Court on exceptions are mandatory (Tucker v. Yandow, 100 Vt. 169, 135 Atl. 600; Falzarano v. Demasso, 98 Vt. 209, 126 Atl. 394; Rinfret v. Tripp, 97 Vt. 404, 123 Atl. 430), and, not having been complied with in the instant ease, this Court has no jurisdiction. Let the exceptions be dismissed.