Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-06
Supreme Court.
RUTLAND COUNTY, FEBRUARY TERM, 1878

Hon. ASHAEL PECK, Aso;etnnt
Hon. HOMER E. ROYCE, .T,Idoes
Hon. JONATHAN Ross,
Fe5ruary3, 1879. The Supreme Court
of the State of Vermont, within and for
the county of Rutland, convened at the
County Court House in this village, yes
terday afternoon. The Hon. Jonathan
Ross, of st. Johnsbury, one of the AS
sistant Judges, was not present, but VIII
take his seat this morning. The Court
was opened with the usual proclamation
by the sheriff, and with prayer by Kew.
J. Gibson johnson, pastor OF the Con-
gregational church.
The first cause for hearing was NO.
2. Hiram Ryder V. Isaac r. Fuller. Ac-
ton of trespass. Judgment at the Sep
TENDER term, 1869, of the County Court,
pro forma, for plaintiff on report OF
referee, and removed to this Court on
exceptions by defendant. Heard at last
term of Court and judgment reversed,
and report recommitted to the referee.
Amended report filed at the present
term. and cause submitted without argu-
ment. n. P. Simons, attorney for
plaintiff; Edgerton & Nicholson for de-
PENDANT.
No. 6. A. L. Kellogg Y. John c. Fox
and others. Action of trover. Judg-
ment for defendants at the September
term, 1871. of Rutland County Court.
Exceptions by plaintiff. Argued by
Walter C. Dunton for plaintiff, and An
son A. Nicholson and Edwin Edgerton
for defendants. Dunton & Veazey, at
torneys for plaintiff; Edgerton y
Nicholson for defendants
No. 8. Carlos S. Sherman V. Rodney
G. Abel and others. In chancery. De-
murrer by defendants, to orators bill OF
complaint, overruled, pro lorna, and de-
cree, pro toyma, for the orator at the
September term, 1871, of the Court of
Chancery. Heard in part. John Prout
and n. p. SimOns solicitors for orator;
Rodney c. Abel and Edgerton y
Nicholson solicitors for the defendants.
The first hearing for this morning,
after Sherman V. Abel, is understood to
he No. 8, Administrator of O. Dutton
V. administrator OF Jesse Lapham.
Tuesday. February 4H.-The hearing
of No. 9. Carlos S. Sherman V. Rodney
C. Abel and others, was closed, being
argued by n. P. Simons and John Prout
for the orator, and r. c. Abel and Ed
win Edgerton for defendants.
No. 8. Administrator of 0. DuttOn V.
Administrator of Jesse Lapham. In
chancery. Decree, at the September
term, 1871, of the Court of Chancery
for the county of Rutland, dismissing
pro lorna the orators bill of complaint.
Appeal by orator. Argued by John
Prout and Walter c. DuntOn for orator,
and by Edwin Edgerton for defendant.
Prout & Dunton, solicitors for orator
Harvey Button, Edgerton & Nicholson,
solicitors for defendant.
No. - William w. Kelley V John
Adair Action Of case. Judgment in
the County Court, March term, 1872,
pro .togmG, for defendant. Exceptions
by plaintiff Argued by Harvey Button
and Charles II. Joyce for plaintiff, and
by David f. Nicholson and Edwin Ed
gerton for defendant Harvey Button
and Charles H. Joyce, attorneys for
plaintiff; David E. Nicholson, Edgerton
& Nicholson for defendant.
George NJ. Fuller, of Fairhaven, was
sworn and admitted as an attorney of
the Supreme Court.
The first case for hearing this morning
is No. Is, Martin Wright V. Warren
Vaughn. Harvey Button, attorney for
plaintiff; Jerome B. Bromley and John
Prout for defendant.
Wedaesc7oy, February 5th.-The first
cause heard was No. Is, Martin Wright
V. Warren Vaughn. Action of trespass
Judgment for plaintiff, on report of ref
cree, at the March term, 1872, of the
County Court. Exceptions by defend
ant Argued by Harvey Button for
plaintiff, and John Prout and n. p. ST.
mons for defendant. Harvey Button,
attorney for plaintiff Jerome B. Brom-
ley, John Prout and n p. Simons for
defendant
No. A. Arunah Hanks, apt, V. Ex-
ecutor of S. B.sLathe. Appeal from the
allowance of an executors account by
the Probate Court Judgment of the
County Court, March term, 1872, that
the account of the executor be allowed,
without costs Exceptions by plaintiff
Argued by NJ. d. Grover for appellant,
and F. Potter for appellee. Belts &
Grover attorneys for appellant; F. Pot
ter, Bromley & Clark for appellee.
No. 10. Town of Mt. Holly V. Cyrus
Boswell, apt. Judgment for plaintiff at
the September term, 1872, of the County
Court, on report of referee. Exceptions
by defendant Argued by Charles II.
Joyce for plaintiff, and by William II.
Walker for defendant Charles H.
Joyce, attorney for plaintiff Walker &
Goddard for defendant
No. 90. Lorenzo Sheldon and others
Y. School District No. :, of Rutland, and
others. In chancery. Decree of the
Court of Chancery, pro .fo1ma, dismiss
ing orators bill Of complaint, Appeal
by orator. Argued by Walter c. Dun
ton for orators, and by William B. Shaw
for defendants. Prout 81 Dunton, soli-
c.tors for orators William b. Shaw,
solicitor for defendants.
No. 49, Daniel B. Whitker ct TX V.
Henry r. Dyer. In chancery. Decree
at March term, 1872, of the Court of
Chancery, dismissing orators bill of
complaint, with costs. Appeal by or
ators Heard in part. Reuben r. Thrall,
solicitor for orators; Charles II. Joyce
and John Prout, solicitors for defendant.
It is expected that the hearings will
be closed to-day.
Thomas Kennedy, of North Dux-
M