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CHAPMAN v. CHAPMAN

No. 1040.

100 A.2d 584 (1953)

CHAPMAN v. CHAPMAN.

Supreme Court of Vermont. Rutland.

November 3, 1953.

Attorney(s) appearing for the Case

Osmer C. Fitts and Paul N. Olson, Brattleboro, for plaintiff.

Lawrence C. Jones, Rutland, Albert G. Avery, New York City, of counsel, for defendant.

Vernon J. Loveland, Rutland, amicus curiae.

Before SHERBURNE, C. J., JEFFORDS, CLEARY and ADAMS, JJ., and HULBURD, Superior Judge.

ADAMS, Justice.

This is a petition for a new trial brought to this Court under V.S. 47, § 2158. It involves a divorce granted by the Rutland county court at the September term 1951. The petitioner and petitionee here, as we shall hereinafter refer to them, were the libellee and libellant respectively in that proceeding. The petition in the instant case is met by a motion to dismiss because of improper service.

The petition sets forth that Vernon J. Loveland...

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