Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-03-14
ORANGE COUNTY SUPREME COURT.
A short Tern,-Rccord of Gases Heard

4 short Term-sccord OF Gases Heard.
Orange County Supreme court assembled
Tuesday morning, March 4th. Present,
Chief Judge Royce and Judges Ross, Powers,
and Taft. After prayer by Rev. Harvey
Webster, pastor of the Methodist church, the |
docket was called, and of the twenty-four |
cases, it was found that only eight were to |
bc heard. OF the others, for were already |
with the courl' for decision, having been |
heard at former terms, ono was continued
generally one had been settled, four were
continued to the general term, in four the
exceptions were withdrawn, and in two the
judgement was affirmed Two new entries
were made, one the case Of Ira NJ Hill VS..
Martin G.. Rowell, a petition for II new trial
which was continued to the general term the
case of Martin G. Rowel VS.. Ira NJ.
Hill on exception being already continued
to that term, also the divorce case OF Rosa
lin A. Hartman VS. Frederick II. Hartman,
brought forward from March /, 1868 docket
and at this term continued TO Caledonia
county supreme court in May. The court
| was In session but two days, announcing its
decisions Wednesday evening at Chief Judge
| Roycc's room in the hotel aud leaving on
| the stare Thursday morning The first case
heard WAS that Of G.. w. FAIR Il Co. vs.. W.
| Il. Carpenter apt, exceptions by defendant
to judgement of county cour, on referees re-
port. The judgement Of county court was al
frmcd. A. NJ. Dickey for plainlif and II. Nj.
| Harvey for defendant. The next case was
Horace Wiley, administrator of Jacob II.
Chamberlin vs.. William Hunter. This came
up ON exception by defendant to referees
report in the celebrated water case, iuvolv
ing damages to house aud mill site whlst
bearing a year ago in Topsham town hall
occupied some thirty days. The court re
served lis decision. Il. NJ Harvey fol
the plaintiff, j. Is. Darling and Johi
Il. Watson for defendant William
\. Ashley ct cx. vs.. Benz. F. Hyd,
was an action indebitatus assumpslt il
which the dcfcndcnt was summoned tC
answer to William Ashley and Arminda w
Ashley wife OF SAID William 4. withou
setting up the wife as the mertoriOus cause
Of action; to this declaration the defrndau
fled general demurrer which was over
ruled at December term 1892, to which tin
defendant excepted which exceptions wer
allowed and ordered to lie pending tn
trial of the case on its merits. At june !
1888, the trial occurred resulting in a verde
: for the plaintiff to recover $1,000. EX
/ certions were taken at the trial, also, ant
on both bills Of exceptions the case passet
TO supreme court. Without giving an opin
ion on the exception taken at the trial, tn
= court by Judge Powers decided that tn
demurrer OIght to have been sustained BY
, the county court hence adjudged the declar
alton Insufficient, ordered the judgement 0
: The county court to be reversed and til
/ cause rcmandcd with leave to plaintiff t
4 apply for amendment. 5. G. -AurteG ap
, peared for plaintiff and Geo. l.. Stowe TO
The defendant.
IN L. H. Lille ny guardian c. K. Grar
e Ler vs. Estate Ct L. Lille n. L. Boydcr
n administrator and f. \. Moses, which was
petition to enter an appeal from the prohal
court, the Supreme Court sustained tn
: Judgment Of the county court allowing III
b appeal to he entered J. u. Dcnison f
q petitioner and y. l., Boyden for petiiionet
Corliss 4 Wsy vs. lliln7 Grow, appellat
. which came up on exception by defendant
judgment of county court sustaining rel
, erce'a report was heard and retained iC
/. further consideration. J. *. Darling fC
plaintiff, Il. NJ. Harvey aud john II. Wa
son for defendant.
+ In Henry II. Morse SIS. John l.. Mors
: the plaintiff excepted TO the county court
a. Judgment for the smaller sum reported /
the referee and prevailed on his exception
y the Supreme court ordering judgment f.
e the larger sum reported. r. NJ. Harvey f
u plaintiff, j. =. Cameron Tor defendant
In Geo. w. Merrill, administrator of 5. |
= Merrill Vs. Geo. W. Wood which arose
' defendants exceptions TO referees repol
the judgment of county court was ailirmc
,e John II. Watts and }. X. Darling for Il
plaintiff \. NJ. Dickey for defendant.
II The case OF Daniel and George TarDell V
N William J. Tarbcll was an appeal
ID chanccry by the orators from Chancell
ii ROwcl's decree dsmssing the bill of injur
ton brought by orators to restrain defenda
10 from prosecuting at law his false warrant 81
III against them and praying that the de
t. might be reformed. This is one link Of
70 uuending chain Of suits pertaining 10 s
~ foot strip of land between Aaron n. King
and William j. Tarbell's blocks OF buildir
c. at South Royalton. King aDd Tarbell
st several years contested for the possession
ha this six foot strip both at law and in cquit
III but William j. Tarbcll finally blcomi
worsted IN an ejectment suit has turned
or his grantors for satisfaction, as the bill
in equity the defendant presented plea
he abatement that the matter alleged Their
lc. had already been decided in Chancery ;
it. between the same parties aud their privl
cp To this plea was II demurrer and briefs Ii
at ing been presented and heard the court h
n The case for further cOnsiderati IN. Lamb 1
re. Tarlell and J. j. Wilson for the oratC
On Iluntou and Stickney for the defendant.