The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1888-01-11
SUPREME JUDICIAL COURT.
BEFORE JUDGE HASKELL,

BEFORE JUDGE HASKELL,
TUEsDAY.-The January term of the Supreme
Judicial Court for Cumberland county, opened
at 10 O'Clock this morning. Judge Haskell pre-
sides. Prayer was offered by Rev. William T.
Phelan Of the Preble street chapel. The follow
ing Jurors were impanelled:
Franklin r. Barrett Portland, Foreman.
Rsliworth e. Burnell, Baldwin.
Frank K. DeMarett, Gorham.
George X. Furnish, Portland.
Isaac G. Meserye, Naples
Aaron V. Metcalf, Brunswick
Edward L. Millken, Deering.
OctaYius Il. Milliken, Scarb0ro.
Jacob h. Mitchell, Yarmouth.
nj. j. Peabbes, Cape Elizabeth.
Moses w. Pearson, Cumberland.
Daniel w. Robinson. Raymond.
Supernumerares-Den J; sawyer, Mlndham;
Leweyn Spur, Otisdeld; David L. Toothaker,
Powna; Robert b. Ward, Freeport; Stephen X.
Winslow Westbrook.
Excused-Samuei Is. Saunders, Portland.
But small number Of ca ses have been marked
for trial, and the term will probably be short
one.
Bion Wilson. administrator Of Edmund wilson
VS. the Inhabitants of the Town Of Cushing. An
action to recover the sum Of $3.50 for professional
services as counsel, claimed to have been render
ed by Edmund Wilson in four suits in Knox coun-
ty, brought by different parties IN 1859 against
the town q GUSHING wn Sadr suits a ney u9Gn
posed Of until the March term, 1884, the amount
claimed consisting of charges for term fees and
for general services and consultations during the
above period. Testimony for plaintiff in prog
s. G. strout, oE. Littlefeld.
Bion Wilson.
Divorce matters will be in order on Thursday,
Jan. 10Th.
-aairsd restarday in pending before the Law
ANDRoscoGGIN COUNTY.
William Leader admir-. de bonis non in equity
VS.. Frank 0'Loughlin ct ais.
Rescrfpt By Foster 1.-THE last will OF testatrix
contained the following clauses: II have one son,
John Russell, and do not know whether he is
alive or not, have not heard from him for long
time, give and bequeath and diyise unto him the
amount of money that stands 10 his name in the
Bath Savings Institution at Bath, Maine"
After making other requests, and making her
brother as residuary egatee the testatrix further
says; 'f take the money that stands in the
name of my son, John Russell, from the Bath Saw
ings institution and deposit it in the bank in my
name, il is my will and desire that the amount,
which is about six or seven hundred dollars
cannot remember the exact amount, shall be Civ
en- my son. John Russell If he should return at
any time within ten years of my death, and Ii is
my will that that amount shall be kept at interest
for my said son, John Russell. that he may have
II for his own forever, II be returns or is found
anywhere alive within ten years after my de-
cease"
during the ten years. The son never returned,
nor was he ever heard from.
Held: That the money and accumulated inter-
est belonged TO the residuary legatee.
Lucius p; ckard ct al vs. County Commissioners
Of ARdroscoggin County.
Rescript by Foster Unreasonable certainty
and substantial compliance with the statute Is
what is required in proceedings for the laying out
Of highways. Technical exactness and precision
IL is not valid objection to the proceedings
that the petition describes alternative places eth
er for the location OF the way or its termini
CUMBERLAND COUNTY.
State vs. James t. Cady, aplt
Rescipt by Foster, 1.-THE questions raised in
this case have been considered and decided in the
cases of State vs. Welch 10 Maine, lO3, and
State VS.. Dunphy, 10 Maine, 107, and ito further
consideration of this case becomes necessary.
Exceptions oyerrued.
YORK COUNTY.
Samuel Hubbard Complt. VS.. the Great Falls
Manufacturing Company.
Rescript by Foster, jim proceedings upon
complaint for fi0wage the statute contemplaies
that when the right TO flow is controyeited such
fact must be established or admitted before the
appointment of commissioners.
1t is not within the power, nor is Il any part of
the duty Of commissioners TO determine that ques-
ton.
When submission Is made by private parties
TO given number OF persons without any express
authority given or to be inferred from the manner
or circumstances Of the submission that smaller
number may decide, an award or decision win be
void unless made by all.
A different rule prevails when authority is con-
ferred TO several persons In matters OF public con-
cerly