PABST v. LATHROP

No. 355-76.

376 A.2d 49 (1977)

Fred PABST, Jr. v. Robert LATHROP, Commissioner of Taxes.

Supreme Court of Vermont.

June 7, 1977.


Attorney(s) appearing for the Case

Gravel, Shea & Wright, Burlington, for plaintiff.

M. Jerome Diamond, Atty. Gen., and Richard J. King, Asst. Atty. Gen., Montpelier, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


PER CURIAM.

In this cause the superior court heard the plaintiff's appeal from a decision of the Commissioner of Taxes at a stated term but entered judgment after the opening of a second stated term. The question before us is whether the judgment is valid.

The parties agree that the action is one at law and jointly contend the validity of the judgment is governed by V.R.C.P. 6(c) and not by 4 V.S.A. § 119 as construed...

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