Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1875-09-10
The CeniraI Irrmnnf LltIgaiion.

QUO wARRANrO AGAINST JOHN G. SMITH 1t Al.
The motion of George W. Newton. E-q.,
States Attorney OF Franklin county. pre-
sented to the Supreme Court in session at
Montpelier. ca the l2th of August. for leave
to file an Information in the nature of quo
,oarraato upon the relation Of John B Page,
againt John g. Smith and Others, Tor hav-
ing usurped the office o. directors G. the
Central Vermont Railroad Company, Was
argued by counsel for the relator and the
respondents, before judges Barrett. Royce,
Ross and Powers. upon the two questions
First, as to the proper and orderly course
of proceedings in such cases under Vermont
laws and secondly, as 20 the power of the
court 10 order u hearing to he had in the
fr-t instance, at the General Term Of the
Supreme Court, a. asked for by the relatur
The papers were retained by the Judges for
further conferences w1h their associates,
whom they would meet at the Orleans and
Caledonia county terms Since such con
terence. Judge Barrett has communicated
u the counsel the result and the decision Ut
the Judges. viz: that under the statute
creating or organizing the General Term OF
the Supreme Court. No ease can be made
originally returnabe to IL, but ouly those
casas can be heard there which are adjourn
ed INTO it, by specia, order Of the curt
sitting in the several counties. Hence the
motion Tor a hearing At the general term i
denied. the judges holding that the inform
alton must be til-d and the cause be heard
at the regular term in Franklin county.
and therefore the following order was made
State of Vermont. Franklin county. :. =.
Supreme Court. IN session IN the County
of Washington The foregoing motion hay
ing been presented. accompanied with an
afilayit touching the subject matter there
of, and the same being considered, II IS or
dered, that the said John IT, Smith. Worth
ingron {. Smith. Jed p. Clark Francis Cox.
John q. HOYt, John II. Kimball and Ben
iamin p Cheney appear before the said
court at the session next 10 be held at ST.
Adams, in the County of Franklin. on the
first THURSDAY alter the second Tuesday 10
u Il. l0sb. anu ~uON cause II dnF
they have, why the Aforesaid motion should
not De granted, and also TO abide such fur
ther order a. shall then and there be made
IN the premises and that service thereof
be made in the manner writs of summons
are served. or by delivering TO each of them
a true copy OF TIE foregoing information
and motion. together with this order, 1T
least twelve days before said first Thursday
after the second Tuesday of January,
Aforesaid. and Il is further order
ed. that the evidence to be used on
the hearing o: the foregoing mo-
ton shall be taken IN the form vi
afhdavitS upon >ix day>' notice thereof. TO the
adverse parties. or their attorneys. and filed
with the clerk Of Franklin County on the
first day OF the next session OF the So
preme Court in SAID county. And. 1t Is
further ordered, that the sald Central Yer
mont Railroad Company furnish To either
party certified copies duly authenticated OF
any portions OF the records OF sald Com
pany. relating To the matter of said inform
alton. which copies being duly flied with
said clerk, as aforesaid, may be used on the
hearing OF said motion.
Given under our hands at Montpelier, m
the County ot Washington. this i2rh day o.
August. a. ID 1878.
JAMES BARRETT
lioMER Z KoYCE. Judges 20! Su-
JONATHAN Ross. prem Court
II Henry POwEgs /