Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1889-01-04
THE SUPREME COURT.
Opening of the Session for Chittcndcn
County-CasCs Heard or settled.

Opening of the Session for Chittcndcn
CountN-CasCs Heard or settled
The opening session of the January term
of Supreme Court for Chittcndon county
was held on Tuesday. with Judges Powers,
Taft and Rowcll ON the bench, Judge Tyler
being uavoidaby absent. The session
opened with prayer 10y Rev. G. f. Carter of
the College Street Congregational church.
The usual proclamation was made by Shcr-
iH Barton
The eases on the docket were called over
and entries were made as follows +. -.
WomneIl vs.. the New England Telephone
and Telegraph company, settled 10y payment
of the judgment given in County Court for
the plaintiff ; Peter Donlcy vs. Thoma,
Moore, Judgment of County Court for plain
tli for $50 damage and return Of property
rcplevied withcosts affirmed: Town of lndcr-
hill ". towns of Eo>eX. jericho and Willis
ton, misentrv, petition for new trial, etc.
Vernon p. Noves's will, motion for continu-
ance.
The case of Mary f. Nichols vs. Henry f.
Nichols and others and the case of l.. +.
Wilbur, administrator of james Nichols
W. the same parties, were heard together,
both cases resting mainly ON the same facts.
Both cases We're bills in chancoIN to set aside
Il deed of conveyance by which said James
Nichols in his life time conveyed to his chill
drcn by a former wife without his wifc's
knowledge or consent, his farm in Essex,
of iSj acres AMI personal property thereon.
of the value Of between $4,000 and 81 -
600. The purpose rs alleged in tine bills.
was TO deprive his widowof dowerin thc1alm
and property and it resulted in dcfrauliug his
creditors. The cases were referred to 4. Y.
~ al .b,, tod
that the consequences of James Nichols
deciding his property about six week, before
his death to his children were to deprive nj,
widow o. her rights of dover and to hinder
and delay the creditors of james Nichols in
the collection of their debts The question
i whether the deed shall he set aside aud
the widow given her dover and the credit
ors paid from the property conveyed. Will
bur ~ Wolcott and Roberts a Roberts ap-
pealed for the orators, and Hard Il Cu>lmm
for the defendants. Decision was reserved.
Addie G. Wcscutt. administrators. ". the
Central Vermont railroad was the next case
heard. This is one Of the six suits now pend
ing in this State to recover damage, for the
death of persons caused 10y the Hartford
bridge disaster February J. 1881. At the
last September term of Chittendcn County
Court the defendant iled ii general dcmm-
rer 10 tins plaintiff ; declaration. " nich was
sustained by Judge Ross. Upon The plain
tii S exception to such decision. the cau,e
came before this court for hearing, which
was partially completed when court to-day
took a recess for the day. Hard a Cushman
appeared for the plaintiff and Alessrs. Henry
Ballard ana Noble and Smith for the de
fcnddnt
\ Recess Taken Until February Is to Con-
slider the Noycs VIII Case.
In the supreme Court Wednesday morn
ing the healng in the case of Nestcot; -.
the Central Vermont road was completed.
l.. X. Hard concluding hi, argument, and
Henry Ballard closing for the road De-
ci-ior wa, reserved. \ hearing wa, also had
nm tin" case of Walcott j. Bracn W.. job
Bates, chaucory case. foach sold piece
of land adjoining his place in E,~-N .lmr
tion, rc>olNin2 the right to rcpu"ha-c next
go his line II building lot. ana ;hn 'auI was
subsequently purchased 10y the GeIHudau;.
/ v hu refused to decd the property hack to
/ the orator, according 10 the term, Of the re-
~crration in the deed. Ini, action was h'-
gun 10 compel the execution OF "a decd of the
property in question and at the april term
/ of County Court thorc was a de ne" for the
orator, but the conditions did not suit hIrl
and he appealed Bohort- :, Robert, AZ
pcared for the orator and n. \. Bingham
for the defendnt. The court reserved de-
ciSion
The petition for new trial in the Noyc~
will contest on the ground of newly di-co>-
cred evidence came up in the afternoon be-
fore Il court especially constituted, consist
ing of Judges Ross, Powers, Neaz,y and
Rowell. Judge TAFT having been witness
in the case. The contestant, II. y. Burton.
desired general continuance which would
have delayed the trial Il year, but the court
ordered it to be heard at the court house in
this city on February l3, 1859, TO which
date the court took recess. Mcs,ro. Hard
and Ballard of Burlington and Harrington
y Post OF st, Alban, appeared for the pc
ltioner and ". l.. Bunap of Burlington
and NJ. II. Cardozo Of New York for the pc
ttionee.
1t is expected that the court will announce
"A portion at least OF the decisions in the case:
heard at this adjourned session.