Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1893-01-26
Orange County Court, December Term,
1892

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Orange County Court, December Term
1892.
! Hon. .LovELAND MUNsoN, Presiding Judge
4 Hon. CHESTER DICKEY Assistant
Hon. LEWIS DIcKERMAN Judges.
/ SALMON b. HEBARD, Clerk.
CHARLEs A. SMITH, Sheriff
GEO. l.. Stow, States Atty.
/ JOHN H. MIMMs, Reporter
THURSDAY, JAN Y.
1 No. 227. State V. Richard Kennedy.
4 This case was given TO the jury about 3
O'Clock and they returned a verdict OF
mot guilty" in a short time, much to the
surprise of many OF the Chelsea people.
Harvey for the defence, States Attorney
for the State.
No. 228. State v. Chas. C. Aldrich was
next taken up. This was an indictment
for depositing poison on respondents
own land, not for any legitimate purpose,
such as destroying insects destructive to
vegetation. ihe jury returned a verdict
Of mot guilty" Stowe, States Attorney
for the prosecution, Harvey for the de-
fence.
No 35. Salah A. T.. Walton, admins.
tratrix, V. estate OF Electa Hail Appeal
from the probate court of the Randolph
district upon its disallowance of plain
tih's claim against the defendant. Hon.
Frank Plumley, commissioner and referee.
At the last term of court, an order was
made that the plaintiff procure and file
the report of the referee at this term of
court or suffer a nonsuit. The plaintiff
was not able to do this and at this term
she moved for a continuance on the ground
that, from accidents beyond her control,
she WIS unable to secure report. The
motion was heard Tuesday, Jan. IL, on nj
iidavits and the report of the master as to
the question of continuance, and the cour,
granted the motion with a renewal OF nc
old order that report be filed the next
term or nonsuit.
No AZ Samuel o. Ordway, administra-
tor, V. Orvis r. Cilley, apt. Action of
debt. The death of the defendant is sug-
gested and the case is discontinued by the
appointment OF commissioners upon his
estate Who can adjust the claim. Denison
for plaintiff, Tarbell for defendant
No. 81. Charles Parkerv. J.. s. Warden
and trustee. Action of assumpsit Dis
continued as TO defendant. Trustee dis
charged with costs. Pickett for plaintiff.
Pingree for defendant, Watson for trus-
tee.
No. 112. Newell c. Wright v. Abel NJ.
Weeks and Bradford Savings Bank and
Trust Co., trustee. Action Of assumpsit.
Referred TO s. b. Hebard by agreement.
Heard Dec. Both, on exceptions To one
item OF $40, in the report. The court over
ruled the exceptions and rendered judg-
ment for the plaintiff to recover the larger
sum named in the report, to wit: S296 50
and costs to be added. The trustee dis
closed that there were in its hands 10000,
for which sum judgment was rendered,
less the trustees costs to be taxed. The
defendant excepted to the Judgment of
the court in allowing the disputed item
and cause is on its way To the Supreme
Court. Farnham for plaintiff, Dickey for
defendant.
No. IFS. First National Bank of Chelsea
V. j. G. Fits. Action of troyer. Heard
on report. S. c. Shurtleff, referee. Left
with the court by agreement for judg-
ment as of this term. Emery, Tarbeil
and Darling for plaintiff, DicKey for de-
fendant.
No. 119. First National Bank OF Chelsea
V. II. NJ. Miller and j. q. Fits. Replevin.
Same referee and same proceedings as in
No. IFS. Same counsel with addition of
Watson for defendant.
No. 121. Sarah Perkins v. Henry 0.Per-
kins. Petition for divorce, which is grant
ed for intolerable severity. Custody of
minor child given to the mother. With
the court as to alimony. Watson for pc |
titioner. No counsel for the defence.
No. 151. Holman a Herrick V. NJ. T.. q
D. NJ. Allen, apt. Action on the case. This |
case stood the jury list and was set |
mot for jury'' by the plaintiff the first |
tiff for continuance, it was granted on |
The terms that the plaintiff pay the de- /
fendant 81 within 80 days of the adjourn
ment OF court or suffer nonsuit. Boyden 1
Tor plaintiff, Darling for defendant.
No. 161. Duncan G. Mckay V. Ii. g. /
Darling. Action OF assumpsit. Referred 4
20 S. B. Hebard by agreement. Report 4
filed and exceptions filed. Judgment on
The report pro forma by agreement and |
without hearing, that plaintiff recover /
1929 and costs. Exceptions by the de-
fendant are allowed and the cause is pass
ed to the Supreme Court. Smith & Sloan I
and Harvey for plaintiff, Dunnett for de- 1
fendant.
No. 1ss. VIM. Craggy, Jr., v. Alsina /
Craggy. Petition for divorce, which is /
granted for desertion. Harvey for petit l
TONER.
No. 1s9. John Hartwell V. Arthur E. I
Davis. Settled. Pickett for plaintiff I
Smith & Sloan for defendant
No. 100. Frank w. Clogston V. Mary K. /
clogston. Decree for divorce granted for
iesertion. Darling for petitioner.
30. 1872. Sophronia A. Wilmot v. War
rem Lathrop and Maria L. Huriburt. Ac-
ton Of ejectment. The town Of Nershire
is cited in and appears to defend. On mo-
ton OF the defendant, the case is contin-
ned on the terms that defendant pay the
plaintiff 81. White for plaintiff, Darling
IOf utlcUOdHt
No. 1873. j. X. Darling, administrator OF
Jacob Mills V. Charles Mills. This is the
Ease which was tiled by jury and in which
he plaintiff recovered verdict of $,140.- I
IS. The defendant moved to set aside the
verdict on the ground that il was not in
accordance with the law as laid down by
he court, that it was not sustained by the
evidence, that it was inconsistent, and for
various other reasons. The plaintiffs
counsel, evidently feeling that the ground
On which they stood was shaky, offered to
remit portion OF the verdict and con-
sented to cut down to 5000. The verdict 4
vas set aside and the case stands for new
rial. Shurtlen and Boyce for plaintiff,
Watson and Harvey for defendant.
No. 1874. James b. Cook v. Addie Z.
Cook Decree OF divorce for desertion.
W atson for petitioner.
No. 1876. Ida S.Mann v.Wsllace S.Mann.
Petition for divorce. Heard. With the
sourt for judgment as OF this term. Shurt- I
efi for petitioner.
No. l9s. Sophronia A. Wilmot '. Maria
1. Hurlburt and Mary P. Burton. Petit
ion for the partition of real estate. The 4
.n~. - Ua~s1.sro &c ororahad n and an.