Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1881-02-25
United States Court.

FEBRl AKA ItEM
Hon. HoYT II. WHEELER. .Ind,r.
Il. Il. SMALLEY, Clerk.
GEO. L. JOHNSON. psp"iV C'rk
KITTRIpGE HsskISs. District iro'nfy.
NM. W. liENRS. MARSHAL
TUESDAY. Feb 81.
The regular February term Of the United
States Circuit and District Courts for the
District of Vermont commenced in this city
at 10 O'Clock this morning. After the petit
jury 0here is no grand jury, this term was
called and sworn the dockets were called.
On the Circuit Court law docket are forty
cases on the chanccry forty-ninc on the
District Court law docket two, and on the
chancery one. OF all these less than hall
dozen were marked for hearing.
Judge Wheeler then read long and olab-
crate decision on the previously argued case
Of .Judih ". IHdyelrS q al. rs. ! Grtg0yy
.SnidN It ais In this cause orators sought TO
have the defendants, receivers and managers
account for certain moneys claimed 10 be
long to orators, and misappropriated by de
PENDANTS. Defendants entered n plea of
want of jurisdiction of this court, Calming
that n similar case was now before State
court and demurrer on the ground that
the Vermont and Canada Railroad Company
should have been joined as Il party 10 the
cause Judge Whcccr's decision disallowod
the plea and overruled the demurrer; and
the case will therefore be heard on its merits.
Francis A. Brook and William c. Shaw for
orators; Il. +. Fifield for defendants
The greater part of the remaining hour of
the forenoon was occupied with a hearing
on motion by plaintiff TO continue the case
of Tie 81. ilJaHS Trust Company VS.. Sara
nae Hor&e Nal Company. Plaintiff accept
ed as collateral security for money advanced
certain promssory noes executed by John
W. Lynde and the Saranac Horse Nail Com
pany, which, remaining unpaid, nave been
sued. The real defendants are 4. w. Kings
land of Chicago and Henry NJ. Mitchell Of
this city, the questions in the case being
whether the Horse Nail Company is 4 part
nership and if so whether kingsland and
Mitchell are partners and liable for the notes
in question. The grounds on which
plaintiff asks for continuance are
the illness of the president of the
Trust Company and an alleged
proposal for a reference by J. ID. kingsland
as agent for \. W. kingsland and Mitchell.
Defendants deny such agency and claim that
the presence of the president is not material.
Willard Harrington and W. G.. Shaw for
plaintiff T.. j. Phelps and l.. l.. Lawrence
for defendants Kingsland and Mitchell.
Charles Il. Leslie and Edgar W Smith Of
Wells River We're admitted 10 practice in
this court.
AFTERNOON SESSION.
Further aflidavts were read and arsu-
ments made in Trust Company W. Horse
Nail Company. Plaintiffs counsel then
made motion that the case be re
manded to the county court of Franklin
county from which it was claimed it had
been Improperly removed. Arguments on
this point were in progress at the moment of
writing The amount involved in the case
is ten thousand dollars.
WEDNESDAY, Feb. %.
In st. Adams Trust Company VS.. Saranac
Horse Nail Company. yesterday afternoon,
Judge Wheeler denied the motion for con-
tinuance and for a REMINDING Of the case
to the Franklin County Court.
Robert Goldman 81 al. VS.. The Vermont
and Candda Rdilrom Company was next
taken up. This is suit on 81 900 coupons
of what are known As Vermont Central
guaranteed Ss-Nermont Central trust bonds
against the Vermont and Canada Railroad
Company, endorsers and guarantors. The
defence is that the defendant company did
not have the legal capacity TO guarantee
the debt of another railroad corporation.
Goldman & Johnson and Clarence ii. Pit
kin for plaintiffs and Francis \. Brooks and
A. G. Stafford for defendant.
WEDNESDAY AFTERNOON.
In the case of Goldman VS.. Vermont and
Canada railroad this morning judgment was
given for plaintiff for 81 900.
The case of the st. Adams Trust Company
VS.. the Saranac Horse Nail Company, the
points in which We have already given, was
next taken up and the case against the de
PENDANT Mitchell remandcd, on motion, to
the Franklin county court. The case is still
in progress at the moment Of writing.
THURSDAY, Feb. 81.
In Trust Company vs.. Horse Nail Com
pany the plaintiffs first witness was on the
stand most of the forenoon and all tue after
noon and his examination had not been con-