RUTLAND,

February, 1842.

RUTLAND COUNTY.

FEBRUARY TERM, 1842.

JESSE GOVE v. JONATHAN DYKE, Jr. et al.

Where a party, intending to take an appeal from a decree of the chancellor at the term when it was made, neglected to do so, and, at the next term thereafter, the chancellor allowed the appeal, it was held that the appeal was irregularly taken and it was therefore dismissed.

It appeared that this case was tried before the chancellor at an adjourned term of his court, and a final decree passed. The orator expressed a desire to appeal the case to this court and did in fact intend to have had his appeal formally entered during the term, but the court adjourned before any such entry was made. On application to the chancellor, these facts being made to appear, the appeal was allowed as of the previous term. The defendants now moved to dismiss

the appeal.

BY THE COURT.

This appeal was irregularly taken. By the express terms of the statute, all appeals in chancery must be taken, at the term, at which the final decree is made. This appeal is dismissed.

LUCY HURLBURT V. DAVID HURLBURT.

A husband appropriated to his own use the whole property of his wife and abandoned her, leaving her without any means of support and refused to provide her any support. This state of circumstances having continued for several months, the court, for this cause, granted a divorce.

THIS was a petition for a divorce from the bonds of matrimony on the ground of the husband refusing to provide VOL. XIV. W. R. IV.

71

WINDSOR,

February, for the wife suitable maintenance, he being of sufficient

1840.

ability.

The facts were substantially these,-the petitionee being without property married the petitioner on the 11th of April, 1839, who had property to a considerable amount. Upon a misunderstanding arising between them, the husband sold and took pay for all the wife's personal property, amounting to fifteen hundred dollars, and gave a permanent lease of her real estate, and mortgaged the rent, for a number of years, to pay his own debts, and then abandoned the wife, without leaving her the means of support for a single day, and refused to provide her any support. This state of circumstances having contined for many months the court granted the divorce.

WINDSOR COUNTY.

FEBRUARY TERM, 1842.

STATE V. The PRESIDENT, DIRECTORS and COMPANY of the
BANK OF WINDSOR.

On an information and scire facias against a corporation to vacate their charter, and a verdict, finding the facts charged to be true, and a memorial, professing to show cause against a judgment of forfeiture, the counsel for the memorialists will open the argument.

THIS was an information by the states attorney of the county of Windsor, setting forth certain violations of their charter by the defendants, and a scire facias to show cause why the charter should not be declared forfeit, and, therefore, vacated. The cause had been sent to the county court for trial of the facts by the jury, and had been returned with a verdict finding them substantially as alleged in the informa

March, 1842.

tion. The defendants now came into this court with a me- WASHINGTON, morial professing to show reasons why the charter should not, in equity and good conscience, be declared vacated. After the papers were read a question was made which party should open the argument.

The court held, that as the defendants were now attempting to show cause against the judgment of forfeiture, and to do this by maintaining their memorial, they should open the argument.

WASHINGTON COUNTY.

MARCH TERM, 1842,

EPHRAIM AINSWORTH V. ELIAS S. DREW.

The time, within which a plea in offset, in an action on book account, shall be filed in the county court, rests solely in the discretion of that court, and their determination in regard to it cannot be revised in this

court.

THIS was an action of book account. Judgment to account was rendered in the county court, and an auditor appointed, who, at a subsequent term, reported a balance due the plaintiff. Upon the coming in of the auditor's report, the defendant filed a plea in offset, declaring on a promissory note, and in the common counts. The plaintiff objected to the plea, contending that it should have been filed at the term when the action was entered in the county court. But the county court overruled the objection, and received the plea. Issue was joined to the court on the plea in offset, and, on the trial of that issue, the county court found for the defendant to recover a larger sum, on his plea in offset, than the amount

WASHINGTON, found due the plaintiff by the auditor, and rendered judgMarch, ment for the defendant to recover the balance due him from 1842. the plaintiff, with cost.

The plaintiff excepted.

The opinion of the court was delivered by

REDFIELD, J.-No practice in regard to the time, in which pleas in set-off, in actions of book account, shall be pleaded in the county court, has yet been settled. It is only since the last revision of the statutes that any such plea was allowed in this action. The statute in this case does not, as in some others, prescribe the time, within which such plea shall be filed. It must, therefore, be left wholly to the discretion of that court to determine by their general rule, when such pleas shall be filed. And if they have established no such rules, or admit a plea even in opposition to those rules, we have no supervision over their proceeding. It is a matter upon which they have an absolute discretion, and their decisions, therefore, are in no sense subject to revision in this court.

Judgment affirmed.

RULES

FOR THE ADMISSION OF ATTORNEYS

IN THE SEVERAL

COUNTY COURTS AND IN THE SUPREME COURT,

MADE AND ESTABLISHED IN PURSUANCE OF

AND UNDER THE REVISED STATUTES,

PASSED NOVEMBER 19, 1839.

RULE FIRST.

Each applicant for admission as an attorney of the county court shall, at the time of applying for admission, be at least twenty-one years of age, and of good moral character, and shall have studied with an attorney or attorneys of the supreme court five years next previous to such application, the last six months of which shall be in the county where application is made. Provided, that any time less than one year and six months may, in the discretion of the court to which such application is made, be deducted from the period aforesaid, on account of previous academical studies of such applicant, short of a full course of collegiate education; and that two years and six months shall be deducted in case such applicant shall have graduated at any university or college.

RULE SECOND.

It shall be the duty of the several county courts to appoint standing committees in each county, composed of at at least three members of the bar of the county, whose duty it shall be to examine applicants for admission as attorneys to the several county and supreme courts.