The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-02-10

Monday, FEB. 9h. Court opened at y
o. m.
The following is a history of each case
and the decision of the court and tho name
of the judge giving the opinion
No flames Brown ct ais, VS. Evelyn
Picrpoint ct ais. Prout, Roberts for plain
tiff ; Edgerton for defendant. Ejectment.
Judgment pro forma for defendant on case
stated by agreement, September CO.. Ex-
ceptions by plaintiffs Judgment Of Coun-
ty court reversed, and judgment for plain
tiffs, January II. II Canlicld VIM Gil
more and Moses Hayward, commissioners.
Petition that judgment be corrected With
the court.
No glove Scale Company vs. Terry &
| Ward, Briggs & Ormsbec, Edgerion &
Nicholson, Phelps forplaintiif Dunlon &
Veazey, Prout, Hard, Joyce for defendants,
Verdict for plaintiff; Exceptions by de-
PENDANTS September II Rule for bail /;
heard Pierpoint, Judge; with the court,
January re- continued to general term for
re-argument.
No &C S Sherman IS II Abel! ct al I;
Prout for plaintiff; Abel, Edgerton ,S
Nicholson, Willard for defendant Chan
Gerry Decree pro t6rma for orator, and
demurrer pro t67ma overrucd September
II; appealed FOR defendants heard {;
Royce, Judge with tho court, February
70.
No4-Daniei d Whitkcr ct ux vs. Henry
r Dyer. Thrall for plaintiff Joyce.
Prout, for defendant chanccry decree
dismissing bill with costs, etc, March ~
appeal by orators heard Peck, J with
the court February rs; decree reversed and
remanded TO court of chanccry with man
date to enter decree for orator according
to prayer of bill with costs to orator.
No 5-Eaglc X II Il Slate Co VS. Hyde
vile Co. Joyce for plaintiff; Edgerton
s. Nicholson for defendant ; petition for
new trial discontinued.
No ellington & Ainsworth VS. Henry
S Bowen. Prout for plaintiff Farms
worth, Dunton and Veazcy for defendant
Judgment for plaintiff ; close Jail certif-
cate ordered exceptions by defendant,
March, 1878. judgment affirmed Pier
point, Judge.
No Executor of Sheldon Doanc VS.
Schuyler Doanc. Fuller and Joyce for
plaintiff OrmsLee and Briggs for defend
ants. Report of committee and exceptions
to report exceptions overrulcd. Trustee
adjudgcd chargeablc as per report of COM
mittcc, pro to,ma judgment for plaintiff
exceptions by trustee, March 1873. Judg-
ment reversed recommitted to commits
sioner to report additional facts. Remand
ed to County court. Wheeler Judge
No Sarah Lippitt VS. William W KEEL
ley. Edgerton & Nicholson for plaintiff
d f Nicholson for defendant Verdict for
plaintiff motion to set aside verdict over;
judgment on verdict and for seizin &C.:
exceptions by defendant, March 1873.
With the court. Royce, Judge.
No 0-Allen Sanderson VS. C E lIough-
ton. Edgerton & Nicholson, Smith and
Dunton & Veazey for plaintiff Lyman,
Joyce, and Phelps for defendant. Judg-
ment for plaintiff exceptions by defend
ant, March 1873 judgment affirmed with
out hearing.
No 10-Wm W Kelley ct ais VS. Town of
Dandy ct ais. Joyce, Cook, for plaintiffs:
Dunton & Ncazey for ID w Is T road
judgment on report establishing road, etc
exceptions by defendants March ',3
judgment affirmed Ross, Judge.
No lit e w Miller VS. Henry G
Lapham ct al. Phelps, Joyce, for plain
tiffs Edgerton e Nicholson, Roberts, for
defendants trcsspass verdict for plain
tiffs, March '73; exception by defendants
motion TO set aside verdict ovcrruled cx-
ceptions by defendants; judgment affirmed;
Perpoint, Judge.
No 12-Mary Willard VS. Wallngford
School District No 10. Joyce, Nicholson,
for plaintiff; Fisher, Prout, for defendant;
assumpsit; verdict for plaintiff, March 49,
exceptions by defendant tender by de-
PENDANT, 500 with the court Royce,
Judge
No 13-Vlllage of Rutland VS. Jacob
Edgerton. Dunten S Veazey for plaintiff;
Smith, Prout, Simons & Walker for de-
PENDANT judgment pro lorna for defen-
dant exceptions by plaintiff, March IS;
with the couft Ross, Judge.
No 14-Paigc & Freeman vs Marcus
Slocum. Edgerton & Nicholson, for plff
Dunton & Vcazey fordcft judgment for
plaintiff cert. wllful and malicious only;
exception by defendant, March '73 ; judg-
ment affirmed Pierpoint, Judge,
No 15-Ripley Sons VS. Leeds Billings.
Dunton & Veazey for plaintiffs; Joyce,
Prout, Simons & Walker for defendant
verdict for defendant exception by plain
tiff, September, 10 judgment affirmed
Royce, Judge.
No 16-Brandon Manufacturing Com
pany VS. A A Frazer & Co. Briggs &
Ormsbee, Phelps, for plaintiff Prout,
Simons & Walker for defendants de-
murrer sustained pro forma and plea adj
judged insufficient; judgment for plaintiff,
September 70 exceptions by defendants !;
with the court Wheeler, Judge.
No 17--Clark Smith VS. A l. Kellogg &
Co. Joyce for plaintiff Bromley &
Clark, defendent Plea and notice judg-
ment for plaintiff, Sept. '73; exception by
plaintiff. Judgment affirmed. Ross,
Judge.
No 1s-Georgc w Warren VS.. Brandon
Manufacturing Company. Prout, Smons
& Walker for plaintiff; Briggs & Ormsbec
and Phelps for defendant. Judgment for
plaintiff, Sept. '13 ; exceptions by plaintiff
and defendant. Judgment affirmed, with
out cost in this court, Pierpoint, Judge.
No 1o-Parkcr, ellison & Dewey VS.. Jo-
| seph Admins & Son Dnntnn & Xcazcy for