Opinion
Opinion filed November 6, 1929.
Exceptions — Waiver of Certain Exceptions by Proceeding to Trial on Merits — General Exception.
1. Exception to denial of motion to dismiss petition, under G. L. 2301, to set aside judgment of justice of the peace, is waived by subsequently proceeding to trial on merits.
2. Exception to court's finding of facts, which points out no particular finding and indicates no particular fault, is too general to be available.
PETITION under G.L. 2301, addressed to Brattleboro municipal court, to set aside a judgment obtained before a justice of the peace. Heard by Brattleboro municipal court, Arthur P. Carpenter, Municipal Judge, presiding. Petitionee's motion to dismiss petition overruled, hearing had on the merits, and prayer of petition granted. The petitionee excepted. The opinion states the case. Affirmed.
A.F. Schenk for defendants and petitioners.
R.E. Susena for the plaintiff and petitionee.
Present: WATSON, C.J., POWERS, SLACK, MOULTON, and WILLCOX, JJ.
This is a petition under G.L. 2301, addressed to the Brattleboro municipal court, to set aside a judgment obtained before a justice of the peace. After hearing, and finding the facts, the trial court set aside the judgment. The petitionee has brought the case to this Court.
No question is presented for review in this case. The exception to the denial of a motion to dismiss the petition was waived by subsequently proceeding to a trial on the merits. Carpenter v. C.V. Ry. Co., 93 Vt. 357, 368, 107 A. 569.
An exception was taken to the finding of facts, but since no particular finding is pointed out, and no particular fault is indicated, it is too general to be available. Royal Bank v. Girard, 100 Vt. 117, 119, 135 A. 497.
The record discloses no other exception.
Judgment affirmed.