Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-25
Addison County supreme Court.

The annual term of the Supreme Court
for Addison county began at Mddlebury
Monday forenoon, with Judges Royce, Taft
and Veazey on the bench, Judge Rowcll not
having yet arrived. The docket contains an
unusually large number of cases and upon
calling it over twelve cases were set for
hearing. Among the gentlemen Of the bar
present from abroad at the opening of the
court were the following: George f.. Law
renee of Rutland, h. r. Hard of Burlington,
f. j. Ormsbec of Brandon and joel IL.
Lucia and Luther l.. Durant of Montpelier
Court was opened by prayer by Rev. Mr..
Palmer of the Mddlebury Baptist church.
The first case on the docket set for argument
was Ira Tucker ct al. vs. Edward Lawrence,
ct al l.. l.. Durant for plaintiffs, Geo. f.
Lawrence for defendants. This is Ripton
mill-machinery case Defendant Lawrence
| is dead and the real defendant is Edward q.
Hunt, Esq. of New Haven. Tucker and
Durfce had a mortgage on some mill ma
chinery which was kept in Danforlh's mill in
Rpton. A decree of foreclosure was OBJ
| tanned, but before the decree became alb
solute Lawrence aud Hunt purchased
the right to the equity OF redcmp-
ton. Lawrence died, and hunt ordered
the removal of the machinery to another MIL
|
solute The machinery was subsequently re-
moved by DanfOrth according to the written
orders OF Hunt, but it was not done until af-
ter the decree had finally become absolute.
The plaintiffs brought suit for trcspass and
recovered verdict for over $50 and costs,
and the defendant carried the case up, claim
ing that no actual trespass had been commit
ted inasmuch as Hunt had for a time been
the legal custodian of the machinery and
that even after the decree became absolute
Hunt was still the custodian of the property
and had exercised no act of ownership in or
! dering its removal from one place to another
Hunt never used the machinery, merely hold
ing it subject TO the order Of the plaintiffs
who never made any demand for it upon III,
plaintiffs. The argument, of Mr.. Lawrence
on the one side and Mr.. Durant on the othe
took up the entire forenoon session and
part of the afternoon session of the court.
The case of j. Warren Barnes vs.. john NJ
e Dyer, which came on Monday afternoon
! originated in this way Mr., Dyer owns
u block of stores in Ncrgennes and the com
: mon council of the city built new sidewal
) in front of 1t and assessed Mr.. Dyer SIP a
Is his equitable share Of the cost thereof j
II Warren Barnes was appointed collector b
( the city council, and when he went to Nj
Ii Dyer to collect the assessment, Dyer refuse
IL to pay it and hence the suit In the count
Is court last June the plaintiff obtained a We
u dict for SIZE, the amount of the asscssmcl
10 and costs Dyer appealed. Mr.. Wi!dcs COZ
Dt tended that the officer. Mr. Barnes, shoul
u have been sworn in before attempting to ca
~ lect the assessment that the assessment itsc
IL was illegal because not made in GC2ordanC
with any recognized standard, and final
that the act itself under which the Commc
council Of Ncrgcnnes acted when il cOnStru
If ted the sidewalk in question and levied Ii
ri assessment was unconstitutional. On caC
Il of these points Col. Lucia joined Issue wi
co him. The arguments in this case took up Il
NJ time Of the court for most of the altcrnoo
or The third case WAS Calvin S. Albee v
III Winfield 5. Huntlcy. Bill in CHANGER
w. James NJ. Slade, y. H. Topper and r. !
od Mcleod for the orator, Stewart and Wild
DO for the defendant. This is a contest ov
ed a Ripton water privilege in whit
in the CLAIMS OF the parties clash {
on clsivcly. The testimony was tax
N, before +. j. Ornsbec us special M
nd ter A temporary injunction had been c
W. tanned in favor Of the orator, restraint
~ Huntley from shutting down the head gat
On the report of the special master dec
pr0 t1T'ma was made in favor of the defer
ant, and the orator appealed. The ora
wants the temporary injunction made p
u marcnt The case took up the lime of
VI" court during Monday evening and Tucsd
So forenoon.
i, Judge Rowcl was present on the ben
ny, Tuesday morning. There were also pes
, Il the following gentlemen Of the bar from
H.. OF town il addition to those who were
CHI or of brandon D,nirl R,hcr,s If Rn,Ii
H.. ton, Charles 5. CDlburn Of Pltsford, Cha
sne NJ, Kingsley of Salisbury, George W. Cir
you dey and Frederick T.. Woodbridge Of Y
VI II GENES and w. w. Rider of Bristol
A.. The first case taken up Tuesday Gftclu
Ihc was that of Harry RDwe's assignee, APP
'Ee g liant vs.. William IL. Ellis Jas NJ Sa
on Geo. f. Lawrence and j. T.. Stapl,tln
guy, the plaintiff and Chas. VI. Wlldes amt A.
o W. Tupper for the defendants. This cas-
shc still under consideration.