Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-13

uOOn Ill IuC uCdilLlS VI ANO' A"'
B. Whitker and wife V. Henry r. Dyer
The papers in the case were read and al
arguments for the orators submitted by
Reuben R. Thrall; Charles II. Joyce anC
John Prout for the defendant.
The Court then rendered opinions il
the cases upon the docket as follows:
No. /. James Brown ct ais V. Evelyn
Pierpoint ct ais. An action of ejectment
in which a judgment was rendered tol
plaintiff at the January term, 1871, and
commissioners were appointed to assess
damages was continued, no report hay
ing been filed.
No. 2. Hiram Ryder v Isaac X. Full
Ter. This was an action of trespass, and
there was a Judgment of the County
Court for plaintiff on report of referee.
This Judgment was affirmed. Opinion
by Pierpoint, c. J. n. p. Simons at
torney for plaintiff; Edwin Edgerton
attorney for defendant.
No g. Myron f. Marshall V. BircAard
and Page. Exceptions by defendants
from Judgment of County Court for
plaintiff on verdict of jury. Judgment
affirmed. Opinion by Peck, }. This
was heard at the January term, 1872,
and was for damages for personal ins
jurics on the railroad at North CIaren-
don. By this decision the plaintiff re-
covers $4,000 and costs. DuntOn X
Veazey and John w. Stewart attorneys
for plaintiff; John Prout, Daniel Rob
erts and E. J. Phelps attorneys for de-
PENDANTS.
No. I. Howe Scale Co. V. Ferry &
Ward. Heard at the January term,
1872. Not decided.
No. 5. Alvin c. Hayward V. Town of
Rutland. Heard at the January term,
1872. Judgment of County Court for
the plaintiff affirmed. Opinion by Royce,
J., and Ross J. dissents D, T. Nichol-
son and Charles Fl. Joyce attorneys for
plaintiff; Dnnton & Neazey attorneys
for defendant
No. 6. A. L. Kellogg Y. John c. Fox
ct aL Judgment Of County Court for
defendant affirmed. Opinion by Peck ].
Dunton & Veazcy attorneys for plain
tiff Edgertou & Nicholson attorneys for
No. :. County Of Rutland V. W. 5.
Granger. Judgment of the County
Court for plaintiff affirmed. Warren II.
Smith and John Prout attorneys tor
plaintiff; Edgerton & Nicholson attor-
neys for defendant.
No. 3. Administrator of o. Dutton Y.
Administrator of Jesse Laphan. Pro
t6rmG. decree Of Chancellor dismissing
orators bill reversed, and cause remand
ed to Counof Chancery with a mandate
to pass deere according to prayer of the
bill, with coss in Supreme Court only.
Opinion by R,ss, J. Prout and Dunton
solicitors for the orator; Harvey Button
and Edwin Edgerton solicitors for de-
fendant
No. o. c. S. Sherman V. r. c. Abel
ct al, with the Court.
No. 10. Town of Rutland V. Ray F.
Livermore ct ais. Pro tornla decree of
the Chancellor dismissing the orators
bill reversed and case remanded to the
Court of Chancery for decree tor the
orator according to the stipulatims of
the parties. Dunton & Veazey solicitors
for the orator. Edgerton & Nicholson
and Charles II. Joyce solicitors for the
defendants.
No. II. Seth n. Peck V. Union Slate
Co Discontinued.
No. 10. VIM. w. Kelley V. John
Adair. Pro t0rnaa judgment of the
County Court for defendant reversed
and cause remanded for a new trial.
Opinion by Pierpoint, c. J. Har-
vey Button attorney for plaintiff;
D. E. Nicholson and Edgerton & Nichol-
son attorneys for the defendant.
No. 13 Martin Wright V. Warren
Vaughn. Judgment of the County
Courty for the plaintiff affirmed Opin-
ion by Peck, J. Harvey Button attor-
ney for plaintiff j. B. Bromley and
John Prout attorneys for defendant.
No. Il. Arunah Hanks, apt. V. EX-
ecutor of S. B. Lathe. Judgment of
County Court for defendant affirmed, to
be certified to the Probate Court.
Opinion by Royce, j. Belts & Grover
attorneys for plaintiff; Fayette Potter
and Bromley & Clark for defendant.
No. IS. Rutland County National Bank
apt. V. Pittsford Quarry Co. Judgment
of the County Court for the defendant
affirmed. N. P. Simons attorney for
plaintiff. Briggs, Ormsbee & Co. attor-
neys for defendant
No. 16. Warren F. Stewart v Hosea
Pelsue apt Judgment of the County
Court for plaintiff affirmed. Ebenezer
FISHER and Dunton & Veazey for plain
tf. D. E. Nicholson and Charles II.
JWee attorneys for defendant.
NJ. II. Town of Mount Holly V.
| Cyru BuSweU apt. judgment OF the
Count. Court reversed and judgment fol
the deendant Opinion by Ross J.
Charles /. Joyce attorney for plaintiff
Walker dGoddard attorney for defend
ant.
No. 18. Vim. P. Horton V. State Fir
Insurance CO Discontinued.
No. 10. D. 3. Whitker and wife V
Henry r. Dyer With the Court.
No. 90. Lorenzo Sheldon ct al, '
School District No. I, in Rutland ct Il
Pro tormG decree of chancellor dismi'
sing orators bill reversed and cause RI
manded to Court of Chancery, to /
proceeded with according to stipulation
of parties. The Court holding that tt
act incorporating West Rutland Centr
School is constitutional. Opinion
Pierpoint q. J. Prout and Duntc
solicitors for orators. VIM. G. Sha
solicitor for defendants. /.
No. 81. VIM. B. Hoskison V. job
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