Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1869-11-11
&C. &c &c.
Special Dispatch tolthe HERALD
From the Capital.

JUDGES OF SUPREME CoCRr.
MONTPELIER, Nov 9.
AT the Joint Assembly, held this af-
ternoon, the following Judges of the SUI
preme Court were elected:
John Pierpont, Chief Justice, Of Yer
gennes; James Barrett of Woodstock;
Asahel Peck of Montpelier; VIM C. Will
so Of B .kersfeld; Benjamin H. Steele Of
st. Johnsbury; Hoyt Fl. Wheeler of Ja-
m 4ica
Wheeloek G.. Veazey of Rutland. was
elected Reporter Of the decisions Of the
Supreme Court
TRUSTEES OF THE VERMONT REFORM
SCHOOL.
Charles Reed of Montpelier, Philip X.
Gleed of Morrisville, John L. Mason Of
Richmond.
PLUMLEY CASE.
The bill to commute the ssarenee OF
Horace r. Plumley was taken up as
special order, at half pas. Two o'clock this
afternoon, aud on account of the absence
of Senator'S Merrill and Royce, two of the
special committee on the bill, it's consider.
alton wa- postponed until Friday after
aooa next, at half past two o'clock
The Senate on their part adopted a
joint resolution for a final adjournment on
Wednesday, November 18th, at 8 o'clock
q. III.
THE DECISION IN THE RAILROAD CASE.
RUTLAND RAhHoAp COMPANY
RUILtSD BURLISGToS RAILROAD Co. et. al
Before BARRETT, Chancellor.
This WAS a bill for an injunction. The
injunction was granted by Chancellor
Barrett. and the case came up on a nc
ton TO dissolve the injunction. and ~es
hoard Friday last, and to-day Judge Bar
rett gave his decision.
1t anpeared that Cheever and Hart,
who were the trustees of the first mort
gage of the Rutland & Burlington Rail
road, brough. their bill in Rutland Coun-
ty Court of Chancery to foreclose their
mortgage. The made up and
ready for hearing. in 1867, at special
session of the Legislature, a charter was
obtained to incorporate the Rutland Rail-
road Company, and it was, among other
things, provided MAT the second mort
gage bond holders of the Rutland Il Bur-
lington road might exchange their bonds
for the common stock of the ne " corpora
ton, and the first mortgage DO nd holders,
the bonds for preferred stock in the new
company.
1t appeared further that the company
thus incorporated was 4nly organized,
and that the second norsgsge bond hold
ers came in under its provisions and took
the common stock, and majority of the
first mortgage bond holders also took the
preferred stock, leaving fraction of the
first mortgage bond holders, amounting in
all to about 100000, as represented by
and prosecuting the Cheever and Hart
suit
The Cheever and Hart suit is now in
the Supreme Court, and will probably be
reached for hearing this week.
The object of the present bill was for
an injunction on the prosecution of the
Cheever and Hart suit in order to enable
the Rutland Railroad Company to con-
test the right of Cheever and Hart TO re-
lief claimed by them.
On the motion to dissolve the injunc-
ton, it was urged that all interests were
duly and fully represented in the Cheeyer
and Hart suit; that although it was true
that the new corporation, the Rutland
Railroad Company, was not nominally a
party, still its stockholders were, that il,
the first aad second mortgage bond
holders, and that they could litigate all
the questions which could be made if the
Rutland Railroad Company were let in
to litigate. 1t was urged on the other
side that the new corporation had new
and important rights independent of the
bondholders,
The Chancellor was of opinion thas no
injunction was necessary to protect the
interests of the Rutland Railroad Com
pany ; that if they had new and import
ant interests which required protection
and could not be litigated in the Cheever
and Hart suit, it was fully competent for
the Supreme Court to make such order
as would protect their interests; and
therefore, while the Chancellor concurred
in many of the positions taken by the
petitioners counsel, he dissolved the in
junction, leaving them to make snch aP
plication to the Supreme Court as they
might think their interests required.
YrmuDn W. In CLAN