Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1873-10-14
s. j. Coart--Sept. Term.
VIRGIN. j. PRESIDING.

VIRGIN, y. PkkSlDiNu.
The court came in on Saturday morn.
ing, when The Divorce case OF Ann Dud'
| Icy, Libt. VS. Wellington Dudley was
taken up. A hearing was had as to ALI
mony. Decision reserved until Nov. LIST
| when the Court will come In again. The
divorce was not contested.
Wilson & Swasey for Libt,
Kimball for deit.
7. & o. C. RAILROAD.
The final hearing on the Petition iof
Injunction ON this Railroad, commonly
known as the "Buckfeld Branch" and
concerning which there has been so much
trouble, was had before his honor. Judge
Virgin. in Portland on Thursday last.
This petition has been pending in the S.
J. Court Of this County since Sept term
1872, at which time it was filed by the
Railroad Commissioners, and notice
ordered by Judge Danforth, who held
the Court at that term, returnable during
the term; but when tho case came up
Mr.. Smith, who Is the only real party
in interest in the Road. claimed iur'
Their time, and the case was continued
after partial hearing TO Dec. term, with
nm order from the Court that the Road
must be put in repair on or before The Isl
day OF Dec. OF an Injunction would be
granted. Al the Dec term, Judge Kent
differing in opinion from the former
Judge, revoked the order oil Judge Dam
! forth, and continued the hearing till
March term last. and suggested 10 the
Commissioners that they should make
! further examination in the meantime,
and ordered that the case stand Tor i
new hearing As ii none had been bad.
Between the Dec and March terms ol
Court ii was impossible for the Com
missioners 10 make AMI examination oil
! the road on account OF the track being
entirely covered with snow. and the road
not being open or in running order dur
! ing the winlcr, so when March term
came the case had Ia be continued Ia
Sent. term. Al the last term, when the
matter came up Judge Virgin said he
would hear the case fully at Chambers,
and set Sept. 9th itr the hearing in Port
land. At the time appointed the parties
appeared. and the matter was fully tried.
The County Attorney, Enoch Foster. Jr.,
Esq appeared for The petitioners. and
! the Commissioners were present and
gave full statement OF their several eH
aminations there havcbeen Two eXamina'
tiuns Of the road the present season. +.
o. J. Smith, Esq appeared for the Road
snd contested the proceedings oil the
Commissioners, aud claimed the law do
iectivo. and that they could not legally
| stop the running OF trains. This being
the first case OF the kind ever before our
Courts under the Railroad law. the Com
missioncls arc deSirohs OF testing their
authority with delinquent roads. and
Judge Virgin allowed the Iull develop
ment Of facts in the ca.e, aud pa:iially
heard the matter through after which he
he i, 10 examine the law thoroughly and
tho Iacts as developed, and render such
decision as The law will warrant. The
several Judges, before whom The matter
has como up at the different terms OF
Court, seem 10 have differed in their
opinion about the law, one Judge making
an order, and another one revoking the
order. ill it has reached Judge Virgin.
who will take time aud examine it care
tnllv