The Providence news. (Providence [R.I.]) 1891-1906, 1894-11-28
HEARD IN COURT.
Arguments Submitted in The Eas.
Providence Tax Dispute.

The East Providence tax dispute which
WAS brought before the appellate division
under the title of Mcfwlggan vs.. hunter,
was today argued before the appellate
iudees. on the defendants' demurrer
10 the plaintiffs bill, which
sets forth that the assessed tax was
illegal, frat because no proper notice OF
ssssss nent was given and second because
the Grosvenordale corporation was ex-
empted from taxation. In tho
first instance the complainants
asked for temporary ln)unc-
ton TO restrain the defendants from
the collection OF the tax. This was not
argued AND subsequently the bill was
amended. The defendants, In support OF
their demurrer set forth the iolloWing
& considerations.
1st,t he complainants hayea complete and
adequate remedy at law; I'd, courts IN
most cases have been averse TO granting
preventive relief against the col
lection of revenue preferrlng 10
leave the parties complaining 10
the ordinary legal remeolesi
3D., there are no allegations Of irreparaple
injury which will follow the coliectloh OF
the tax in question; 4th, there are lnsuIn-
Gent allegations in the bill to warrant the
granting OF their prayer for injunction;
6tb the bill now here alleges any injustice
or inequality; 9th, the want OF
notice alleged is an irregularity
only and therefore lnsunlelehI
10 warrant interference by Injunction;
9Th. the omission to assess the properly
0fthe Grosvenordale propertyis no ground
for Injunction; Sth, no reason exists IN
this case Tor the ipterposition OF court
of equity on the ground OF pre-
venting a multiplicity OF suits, and also
because even il there are more than one
complainant, the same sufficient grounds
should be set forth in the bill as II one
complainant asked for the Injunction;
9th, the disastrous consequences 10 tne
town of East Providence by granting this
Injunction would be greater than
the injury to any tax payer by
compelling him 10 pay his tax
and to resort TO his remedy at law;
10th, the precedent that would be estap-
lished in this case by granting an inJunc-
tion would be likely TO encourage future
and repeated applications OF the same ma
ture. to the embarrassment OF towns anu
town officers in their collection of reve-
nues necessary for the maintenance OF
government, the protection OF lie ana
property and the support ofthelr pupllc
schools.
The complsinants bring forward as
their ground for asking an equitable
interference in the case ne undesirabllity
OF multiplicity OF suits which would re-
sult IL the remedy at law was followed on
the denial of the court to grant an IN
junction as prayed.
The case Of Peter McGough, admins
traitor. against James Hughes and Others,
which was this morning argued extern
uiveiy before the appellate judges on the
defendants's demurrer TO the plaintlns
bill, is q somewhat novel case Delore
the Rhode Island courts and involves I'M
portant points of law. The iacts In tne
case are that Thomas Campbell OF Lincoln
died in 1887, leaving a will, by the terms
Of which he peQueathed one-ttffrd OF thc
income from his real estate to his wife dur
ing her lifetime in lieu OF dover and
further devised certain legacies TO his
children and granchildren. Inc com
plainant Is administrators OF the estate
81 Margaret Gillian, deceased, intestate, to
whom 500 was bequeathsd by the
terms of Thomas Campbelis will. This
legacy 1t is alleged, was never paid. The
bill further states that at the time OF his
Heath Thomas Campbell was possessed OF
no personal property, but owned realty
r valued at 5000, which WAS ample 20 pay
All the legacies devised by the teststor. IL
q claimed by the complainant that these
leRacies constitute lien OF the realty,
and IL the will Is not so
construed 1t amounts to nothing. 1t Is
plainly evident, the bill contends, hat he
festator intended the pecuniary legacies
ohould be chargeable upon his realty,
and it is the duty OF the court so
TO see that such intent is fulfilled. The
spirit of the testator's will should be car
ried out when there Is no express pro-
vision to the contrary and to ascertain
tho exact intent of the teetator oral
testimony should be admitted. Heard
and held for advisement.
The case of Nancy Melvin against Au-
gustus Martin and wife and others, was
argued on the demurrer of Patrick
Judge, Jr., one OF the defendants, an
infant under age, by j. Stacy Brown,
his guardian ad litem, to the bill
OF complaint. This complaint set forth
that Nancy Melvin, an aged woman, when
on her supposed death bed conveyed by
warranty deed her real estate TO Mary
Judge, her sister. The complainant sub
esouently recovered, whereupon che deed
cd estate was held by Mary Judge as
trust until on the latter's decease the
propcrty passed to Patrick Judge, Jr., the
heir at law of Mary Judge. The relief
sought is that the respondent be directed
20 re-convey the realty to the complain
ant. The demurrer on being heard was
sustained, whereupon the complainant
n moved to amend the bill. This prayer WAS
granted on the payment of costs by the
complainant
In the case of William l.. Whlpple
against John +. M. Vsllette the court has
handed down rescrlpt granting -the-
garnish hee's petition for a new trial.
In the celebrated case of the millionaire
King OF Newport, which has recently at
tracted so much attention here
and in Newport, another move
Is soon to be made, this time in behalf OF
Mrs. Ross, who claims TO be relative OF
King. Today her attorney Is busily pre-
pairing papers to be filed in her interest in
She Newport division OF the Supreme
Court.