The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1896-07-15
SUPREME COURT DECISIONS
ON GASES HEARD ar THE MAY
TERM.
Canadian Pacific Railroad Gets An Adverse
"Opinion-Lydia A.. Stevenson Discharged.
The Docket Well Cleaned Up.

ODNhN AAhtN W
Montpelier last Thursday and rendered de.
cisions on most of the cases heard at the
May term. There was a large attendance
of prominent lawyers from various parts of
the state. Following are the decisions as
given:
Re Oliver Wells estate, Lucia r, Ward.
apt. From Chittenden county. An ap-
peal from probate. Left with the court.
IL. M. Walstou ct al. v. Elizabeth Smith
ct al. From Addison county. A bill in
chancery. Left with the court.
Vermont Farm Machine Company V.
Francis Batchelder q Co., in which de-
endants obtained a verdict in Windham
county. Judgment for defendants affirmed.
Edward 9. Crosby ct al, apis, v. Village
OF Brattleboro. An appeal from reassess.
ment OF sewer damages. From Windham
county. Judgment affirmed aud cause re-
manded.
John MCKINLEY v. John H. Drew. From
Caledonia county. Left with the court.
State V. William McCaffery, apt. A vic.
lation OF the truancy law. From Orleans
county. Left with the court.
George Alger V. Lewis Morrill,, apt.
Plaintiff, in Orleans county, obtained a YER
dict OF S30.S2 and costs. Judgment affirmed,
Fall Mountain Paper Company V. Edward
II. Geno. Petition for a new trial, from
Rutland county. Petition dismissed with
costs.
Eu"dru onum ". VI, A. ClaghOrn. An
action of replevin from Rutland county
where judgment for defendant for return OF
property taken and one cent damages was
given. Judgment affirmed
The State V. Town OF Brattleboro. From
Windham county, where there was a judg-
ment for plaintiff. Judgment reversed and
Judgment for defendant without costs.
Mary III. Wells, dministratrix V. Joseph
III. Chapman ct al. A chancery case. from
Windsor county, where the bill was dis
missed pro forma and without hearing.
Pro-torma decree reversed with a mandate,
oratrix to recover her costs in this court.
State v. William Chase. Respondent was
convicted OF the manslaughter of John Hal
loway in Orleans County Court. Judg-
ment that there was no error in county
court. Prisoner remanded to states prison.
Frank w. Watkins v. Wallace S. Pert.
A trespass case from Windsor county, where
defendant obtained a verdict Of not guilty.
Judgment affirmed.
Judson e. Cushman V. Franklin D.. Hale.
A petition for a mandamus from Chittenden
county, involving whether or not petitioner
as states attorney to be entitled to one
fourth fines in certain liquor cases which
be had started under the old law, in which
convictions were afterwards obtained,
which were refused by the state auditor.
Petition dismissed without costs.
In re Hamilton Webster's will, Lucia L.
and Burton G. Webster, apis. An appeal
from probate. A verdict and Judgment
was given the proponent in Washington
County Court. The exceptions were
waived, judgment affirmed and ordered
certified to probate court.
Annie L.. Spafford V. Ira f.. Drew and f.
s. Upper, assignee. A chancery case
from Franklin county. Decree affirmed
and cause re handed.
K. M. Brown v. Jennie f. Beard ct al.
From Franklin county. Discontinued.
In re Calvin Norton's estate, H. p. Ha-
gar, administrator ct al, apis. From Addi-
son county. The case was settled and dis
continued. To be certified to probate court.
State V. George Gibbs and Ida Brink.
Respondents were convicted of adultery in
franklin County Court. Exceptions sus-
tanned and cause remanded, Judges
Thompson and Taft dissenting.
George G. Smith, apt, V. II. O.. Coolidge.
Judgment on report for defendant was en-
tered in Windham county. Judgment re.
versed and cause remanded.
State v. Lydia A. Stevenson. From
Franklin county. Judgment reversed, YER
dict set aside, demurrer sustained, indict-
ment adjudged insufficient and quashed and
respondent discharged, Judge Taft dis
senting.
Domestic and Foreign Missionary So
ciety ct al. V. Isaac L. Eels ct al. A chan
Gerry will case from Addison county. The
pro-forma decree was reversed and demur-
rer overruled. The case was remanded to
court OF chancery with a mandate, the de-
PENDANT to recover their costs of this court.
e. I. Beaver V. Arthur Wilder, apt.
From Orleans county. An action in as.
sumpsit in which there was a judgment for
plaintiff for S91 AZ and costs in the court
below. Judgment aft ,med.
State V. Clinton L.. Sherwood. From Rut-
land county, where respondent was con-
victed OF bigamy. Judgment reversed, ver-
dict set aside and cause remanded for a new
trial.
State v. A. E. Harrington. From Orange
COuntV. invOlVipp the pnpatitutiopo1itv ~
the law as regards temporarily occupying
buildings for the sale of goods. In the
court below respondent was found guilty Of
violating the law. Judgment overruling
demurrer affirmed; Judgment OF guilty re-
versed pro forma. Cause remanded, Judge
Taft dissenting.
Bridget Kavanaugh V. Vermont Savings
Bank. From Windham county. Judgment
for defendant reversed pro forma and cause
remanded.
In re estate of Electa Bickford. An ap-
peal from probate from Bennington county.
Judgment reversed and cause remanded.
Pullman & Adams V. Foster & Jaquith.
An action in trespass from Rutland county,
where plaintiffs obtained a verdict and
judgment. The Judgment was affirmed.
II. K. Gregory v. II. e. Brown, apt. Spe-
cial assumpsit from C%hittenden county,
where there was a verdict for plaintiff for
S67. 30 and costs. Judgment reversed and
cause remanded.
IL ~ iIliuody, duIiiulstrdtOT Ol ftlkey
estate, V. Canadian Pacific Railway. An ac-
tion on the case from Orleans county, where
a verdict was ordered for defendant. Judg-
ment reversed and cause remanded.
Re Francis McKeough's estate, John Nc
Keough, apt. An appeal from probate, from
Chittenden county. Order OF stay Of certi-
fcste vacated, Judges Thompson and Start
dissenting.
John r. Darling, administrator, v. Joseph
| and H9lan l., RipRar. a hill in nhapnary
from Caledonia county. Decree reversed.
Bill dismissed with costs to defendants.
Eleanor Sheeran V. George e. e. Spar
hawk, apt. An action Of debt, from Chit
tenden county. Motion to remand over
ruled.
Reuben b. Dunblee V. Nettie l.. Hooker.
Ejectment. From Windsor county, where
plaintiff obtained a verdict for $40 and
costs. Judgment reversed and cause re-
manded.
Leon Sanders, by next friend, V. Fred o.
Pierce. From Windham county, where there
was judgment on verdict for plaintiff for
1888. Judgment reversed and motion to
dismiss for want Of iuriadictiOn sustained