Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1886-01-15
THE SUPREME COURT.
DECISIONS ANNOUNCED IN A NUMBER
OF IMPORTANT CASES.
validity Established of the Rutland Rail-
road Certificates Alleged to be Void
Intoxicants Can be Seized without
warrant-Court Adjourns.

Supreme Court Thursday ID. J. Foster,
Esq, was admitted as an attorney in the
Supreme Court. The case of Sawyer 81
Manning VS. the New York State Cloth |
ing company was heard, A. G.. White |
more arguing for the defendants and w.
Il. Burnap for the plaintiff. The next
case considered was that of Jane WILDER
Bronson VS.. the estate of Timothy p. |
Phelps and others, appellants in which
arguments were made for the defendants
by A. =. Hodges of New York and for the
plaintiff by G. w. Writers.
In the case of Eliza Flagg, eXecutriX,
against Charles Wheeler the question of
usury being involved, the arguments were
made by +. X. Hard and George w.
Wales.
The two cases of the State against pack
ages of liquor, in both of which William
Powderly was claimant, were considered
in the same hearing, the point involved
being the same III each instance rs to the
constitutionality of the act of 1882 author
ing the seizure of Intoxicating liquor
without a warrant Robert Roberts ar
gued for the claimant and G. w. Brown
ell, Jr., and ID. j. Foster for the State.
This practically closes the business of
this term unless the case of Platt ~ Allen
and others against the towns of Colchester
and Milton and others should be heard
This will probably depend upon the APP
pearance or non-appearance of Judge
Powers, who it is expected will come TO
this city this morning, unless City Attor-
ney Burnap should consent to waive the
point of having the case heard by full
bench. Whether this case is heard or not
it is expected that the final adjournment
of court will take place to-day
FRIDAYS SESSION.
On the coming in of the Supreme Court
! a ~
Allen and others against the towns of
Colchester and Milton and others, was
called. A. G. Whttemore stated that they
had telegraphed Judge Powers to learn
when he could be present and that he an
swered that he would be here by noon.
Chief Justice Royce said that some ar
rangement should be made in such cases so
as not to delay the court. There being no
other causes to hear, Chief Justice Royce
announced the following decisions:
In the case of George a. Rumsey
against Henry j. Nelson judgment affirm
ed. In the two cases of the State against
packages of liquor, claimed by William
Powderly, judgment was affirmed, thus
establishing the consttutionality of the
law of 1882, authorizing the seizure of in
toXcating liquors without a warrant.
The case of the Granite State Mutual
Aid Association against the Insurance
Commissioners of Vermont was entered
with the court.
The following cases were announced by
Judge Neazey TO be with the court Mar
tin Flannery, against Edward Flannery
and others ID. NJ. & NJ. NJ. Badger
against Eliza j. Shaw and X. S. Taft
Eliza Flagg, executrix, versus Charles
Wheeler.
Judge Rowell announced decisions in
the following cases Henry l.. johnson
/ versus George n. Roberts, Judgment was
affirmed. In Sawyer a. Manning versa.
. New York State Clothing company, judg
ment was reversed and the action dis
missed, the ground being that there wa,
no such corporation as the New York
State Clothing company and consequent
ly no defendant.
Judge Walker announced the DISPOSE
ton of cases as follows; The two cases o.
Heman A. Waterman versus Jed y. Clarl
and George Ashley, Judgment reversed
and Judgment ordered entered for the de
PENDANTS. Jane WILDER Bronson agalns
the estate of Timothy p. Phelps ant
others, appellants, with the court.
GENERAL TERN CASES.
The calendar of the general term held a
Montpelier was then presented by NJ. +
Smile, county clerk OF Washington Coun
ty Court, and the following decision.
were ordered entered by Judge Veazey: A
f liam NJ. Styles judgment of County Cour
reversed, and judgement for the plaintiff
in the sum of Sl260.U and interest sine,
the Judgment of County Court, with costs
+ In the case of Rea against Harrington anC
others, the following decision was rem
: dered: If the plaintiff enters II remtte
= OF $50, exemplary damages included in tn,
verdict, the judgement OF the Count,
d Court is to be affirmed, otherwise judg
nent will be reserved and the cause re
manded to County Court for trial.
The following decisions were announced
. by Judge Walker: In j, ID. Bells es
tate ct ais VS. the Vermont Division of tn,
!, Portland and Ogdensburg railroad Com
t pany and the ST. Johnsbury and LAX,
Champlain Railroad Company, thu
is reversed and the cause remand
G ed with mandate us follows: Thu
personal property of the railroad which
= came into the hands of the receivers hav
:, ing been distributed the orators in thi
II proceeding have no basis of action, anC
further that the net earnings of the roa,
while in the hands of the receiver SHOULD
u 90 to pay debts incurred for operating tn
road instead of paying bondhoders or eX
penseS for permanent improvements; anC
r that such of the orators rs ha'
|, the cause of L +. Poland, trustee, VS.. tn
. Lamoille Valley Railroad Company ant
i others, and of the cross Dill of George Il
|. Howe and others in said cause have ii RICH
i. to have This bill maintained to reach tn
e net earnings, if any, of the road while il
the hands of said receivers. 1t is there
e fore ordered that the Court of CHANGER
refer said cause to Il master to ascertain
and report the net earnings of the roa,
while in the hands of said receivers, to as
certain and report the names of the ora
tors who had such notice and what
!. any.
/. In the case of the Rutland Railroa
:. Company versus Clement IL Sons j. NJ
Haven and j. A. Mead, the decree of tn
Chancery Court was reversed aud tn
N cause remanded with mandate for de
" cree, that the bill be dismissed wit
s costs to the defendants and that upo
the cross bill AS against the defendant
is therein the Rutland Railroad Company
% the certificates in suit, namely the certi
40 Gates purporting TO represent 291O share
i of the preferred stock, but which ar