The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1894-06-22
Orange County Court, June
Term. 1894.

HoN. JONATHAN Ross, Presiding Judge.
Hon. CHESTER DIcKEY assistant
Hon. LEWIS D1CKERMAN. J Judges.
SALMON b. HEBARD, Clerk.
CHARLES +. SMITH, Sheriff.
GEORGE l.. STOW, States Atty.
MISS CHESTNUT, Reporter
The following cases were disposed of by
the court from time to time during the term,
evenings or while waiting for jury cases to
be ready. Some of these cases were set for
trial by jury but were heard upon demurrer
or other legal question or went to the court
by agreement. We give them in the order
in which they stand on the docket with
their numbers. 1t must be borne in mind
that when a case is once numbered 1t al
WAYS retains that number and no case In
this county ever takes that nuinoer. mere
ar. some convenienceS in this arrangement
but it is quite misleading as to the number
of cases on the docket. The cases not here
mentioned are generally continued.
No. l9l. James Davidson, apt. Henry
S. Robinson. Action of aSSumpSit. Death
of plaintiff suggested. ID. 7. Cummings,
administrator, enters to prosecute the case,
continued. Watson for plaintiff, Hyde for
defendant.
No 204. William Frizzell, administrator
of Ellen FrizzelPs estate v the estate of
George r. Sly, K. q. Parker, administrator
This was an appeal from the Judgment of
the probate court disaIlowing the claims of
years services. The case was heard upon
exceptions TO the report of the referee, RIOS
well Farnham, The exceptions were over
ruled and judgment was rendered on the
report for the plaintiff to recover the sum
named in the report (Sl36.S3) and costs
The sum reported is to be certified back
to the probate court. Exceptions by the
defendant. Smith u Sloan for the plain
tiff, Dunnett for the defendant.
IN State " RI (,larlyp This "a Ga
was remanded back from the May term OF
the supreme court. The exceptions to the
Indictment were sustained and the former
judgment of the county court reversed and
The case is sent here Tor new trial.
No. 233. Mira II. Crook town of Brad
ford and Village of Bradford. This case
was settled IN vacation by the town paying
Mrs. Crook $500 and her costs and Mrs.
Crook deciding the pasture west OF Maj.
WatSOn'S house to the town. In order to
have the record stand right in regard to the
road the entry upon the docket was made,
Petition dismissed without prejudice TO the
road as laid by the trustees OF the village
OF Bradford Pickett for plaintiff, q. A.
Dickey and Watson for the town, A. Nj.
Dickey for the Village.
No. 281. Leander G. Carpenter Almena
p. Cook. Action of trespass q,tttre cLdu-
sem fregit. Heard on demurrer made by
plaintiff to rejoinder of defendant. De-
sufficient for plaintiffs insufficient replica
ton. Exceptions by plaintiff allowed and
the cause is passed to the supreme court be-
fore final Judgment. Watson for plaintiff,
Smite IL Sloan and Morris for defendant.
No. 29O Henry c. Smillie Susannah
Smillie's estate, John Bailey Admr John
Smile Apt. Appeal from the allowance
to recover $1l56.06 damages without costs
This was probably by agreement. 10 be
certified back to the probate court. Wat
son for plaintiff, Smith q Sloan for Deft
No. 29l. Edgar w. Rowell v estate of
Stephen Noyes, Cornelius and Lydia A.
Moves, Apis; appeal from commissioners.
Entry agreed upon. Judgment for plaintiff
to recover $2I3S damages without costs.
TO be certified to the probate court. Boy
den and Darling for plaintiff, Tarbell and
Wilson for defendant
NO. 1914 Everett Hood B. c. Abbott,
plaintiff, Darling for defendant.
No. 295. Ellen n. King Stephen Noyes'
estate, Eeazer f. Howe, Admr. apt. APP
peal from commissioners, Settled. Boy |
den and Darling for plaintiff. Tarbell and |
Wilson for defendant.
No. 301. Nathan Davis Charles G. AL |
drlch. Trespass qltdre clGusem fregjt |
Heard on demurrer 10y defendant to some |
counts of PLAINTIFF replication. Demurrer
sustained ON the ground that the replication !
is adjudged insufficient by its concluding
with a verltication. Plaintiff has leave to
amend his replication in that respect. Wat
son tor plalnul, Darling for defendant
No. 302. William and Kate NJ. Kimball |
VI. ii. Day and trustee, apt. action OF as
sumpsit Arbltrated Plaintiffs costs in
court S1407, defendants Sl2.1
No. BOB. Z. w. Bliss V. West Fairlee.
Petit Petition as to highway. J. d. Denison,
VIM. ii. Kibbee and A. 5. Martyr commits
RPnDrr n1fI t.d
and the laying of the road by the selectmen
vacated and refused, with costs to the peti-
TONER Watson for petitioner, Darling for
petltlonee.
No. 3O6 W. P. Townsend Est. of NJ.
F. Ordway, Fred A. Ordway, apt. Appeal
from commissioner. Entry made by agree
ment. Judgment for plaintiff to recover
$22500 without costs. To be certified to |
probate court. Emery for plaintiff, Stow
and Watson for defendant.
No. 907. Lucy Nj. Page Walter A. Page |
Petition for divorce. Petition dismissed |
without hearing or prejudice. So the pc
tilioner can bring another action when She |
chooses. q. A. Dickey for plaintiff, Peck
EFT tor defendant
No. 302. 5. Z. Forsaith Machine Co. V
Eli ,. Mills. AsSumpsit. Entered June |
1898. Settled Harvey for plaintiff, Shurt-
left for defendant.
No. 327. Carrie Z. Aver Charles FL. |
Aver. Divorce. Bill granted for wiltul |
deSertlOn. Smltn IL Sloan Tor petitioner.
No. 326. A D Martyr Francis Curtis, |
action on the case. Tried by court. Judg-
ment for the defendant 10 recover his costs, |
Fred hartman and Gordon for plaintiff, |
Harvey for defendant.
No. 335. II. e. Waldo and others Town |
of Randolph. Petition for laying a high
way in the east part of Randolph on the |
east side of OsgOOd hill. Roswell Farm
ham, &. U. Lathropand VIM. Z. Clark COM
missioners. The report of the commission
ers laid the highway and awarded $4,000
land damages to f. c. Camp and no other |
damages. Exception to report tiled by tie
PENDANT Darling for petitioners, DenisOn
and Boyden for defendant
No 337. Ruth A. Davis William F.
Davis. Divorce granted Tor wilful deser-
ton Farnham for petitioner.
No 35S. Jane t. Newcomb Moody |
Merrill and Sarah Ii. Nation trustee. AS
sumpsit. Default as to principal defend
ant Trustee chargable as per disclosure.
Darling for plaintiff and trustee.
No 3i4. John ii. Watson John b.
Locke and others. Action of book account
TO recover for services as attorney for defts. |
j. ID. DenisOn appointed auditor. Plaintiff |
has thirty DAYS TO file new declaration.