Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-02-10
STATE OF VERMONT, Rutland IS.

JOHN ]. C. ABBOTT & NELSON DAVIS, In Chan
RUTLAND & WHITEHALL r. r. Co., Rutland
WIN. w. Cook & WIN. II. Cook. County.
Whereas, John J. C. Abbott and Nelson Davis,
both of Montreal, in Province OF Quebec, have
filed in said Court their bill of complaint
SETTING FORTH, That on the lst day of Febru-
airy, A. d. 1868, Thomas T. Vaughn Of Whitehall,
in the County of Washington and State of New
York, was the owner of twenty-seven shares Of
the capital stock of the Rutland & Whitehall
Railroad Company, a corporation organized under
the laws of Vermont, the certificate Of said shares
of said capital stock being numbers IS and 45I.
That sald LIST day of February, A. ID. 1868. said
Vaughn transferred to said John j. c. Abbott and
Nelson Davis for a valuable consideration, said
shares of said capital stock, amounting in par
value 20 twenty-seven hundred dollars, and de-
ivered said certificates TO them, the said Abbott
and Davis. That said sale and transfer was made
by an instrument in writing, dated on said LIST
Vaughn; that on the 25th day of j une, A. ID. 1862
William W. Cook and William ii. Cook both OF
said Whitehall, caused the said twenty-seven
shares of said capital stock to be attached on
writ in favor of themselves as copartners, said
writ being returnable to the September Term, A.
ID. 1869, of the Rutland County Court. That at
said term of SAID Court, judgment was obtained
in favor of said Cooks against said Vaughn in
said cause, for the sum Of one thousand nine
hundred and sixty-seven dollars and ninety-sev
cents damages, and twenty-one dollars and eigh-
ty-two cents costs; that on the 9th DAY Of Sep
on said judgement, and caused the same TO be
levied on said capital stock the property of said
Vaughn; that on the 18th day of October, A. ID.
1862 said capital stock sold on said execution,
to said William w. Cook that the said William
w. and William II. Cook knew at the time they
caused said capital stock to be attached on said
writ and sold on said execution, that said Vaughn
had sold and transferred the same as aforesaid TO
said compliments. That the said Rutland &
Whitehall Railroad Company have issued TO said
William W. Cook, a certificate or certificates for
said stock; that on the 9Th day Of August, A. ID.
1869, the compliments demanded OF said Com
pany transfer of said stock on their books 10
them which was refused; that they had no
knowledge of said levy and sale of said stock I'M
I'll long after such levy and sale; they had ap-
piled to said William w. Cook for transfer Of
said stock to them, which was refused.
AND PRAYING, that said William w. Cook may
be enioined from disposing of said stock and from
receiving any dividends on the game, and that he
may be decreed to transfer said stock to said COM
painant, and that the said levy Of said execution
be annuled, and that said Railroad Company be
ordered to transfer said stock said compliments
on the books of said company, &c.
The said defendants, William W. Cook and
William ii. Cook, residing without this State, so
that subpoena cannot be served upon them.
IT is ORDERED, That said defendant be re-
quired to appear the first day of the next
stated term Of said Court TO be holden at Rutland
within and for the County of Rutland, on the %
Tuesday in March, A. ID. 1870, then and there to
answer said bill of complaint, and for that pun
pose said compliments shall cause the substance
thereof and this order TO be published three
weeks successfully in the Rutland HERALD a
newspaper printed at Rutland aforesaid, the last
of which publications TO be at least twenty cays
previous TO said term, which shall be deemed
sufficient notice.
Dated at Rutland in the County of Rutland,
this 4th day of February, A. ID. 1870.
JOEL G. BAKER, Deputy Clerk.
DUEToS NEAZEY, Solicitors. 6y2w