The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1896-05-27
VERMONT SUPREME COURT.
SU1IM1RP or GASES CONSIDERED
DURING THE PAST WEEK.

| WILLIAM q. DANYEw " GEORGE KELSEY,
APT.-From Addison county. Continued.
| The same entry was made in A. II. Straw v.
John Straw, from Lamoille county.
RANSOM MERRILL V. LYMAN G.. FISH
This case, on exceptions from Rutland city
court, stands as submitted on briefs. But
Ter & Mooney for plaintiff; A. G. Coolidge
for defendant.
STATE " CLINTON l.. SHERWOOD. - The
| respondent was convicted in Rutland county
court for bigamy Exceptions of respond
| ent were sustained. Judgment reversed,
verdict set aside and cause remanded for
new trial.
o. w, REYNOLDS v. CALVIN HAsKINs Ell
Ala bill in chancery to reform deed of
real estate in Underhill given with wrong
description, and to relieve the title from the
cloud OF an attachment p. X. Gleed for
orator; j. j. Monahan and M. A. Bingham
for l.. r. and G. A. Terrill.
Town OF ST. JoHNsBURY v. Town OF
| CoNCoRD-Fro Caledonia county, where
plaintiff Obtained pro Jortnd Judgment for
the support of a pauper Gardner BROWN
for S38, interest and costs. The main ques-
ton was whether Concord is the place where
pauper last resided while supporting him
self and family. w. p. Stafford and Harry
Blodgett for plaintiff George N. Dale for
defendant.
FRANK W. WATKINS V. WALLACE s. RIsT.
This is q quarrel over certain trespasses OF
defendants three cattle and a sheep, which
plaintiff claimed escaped through defend
ants fence into plaintiffs pasture in 1892.
The testimony at the trial in Windsor
county court was conflicting, where defend
ant obtained verdict for his costs. G. A.
Davis appeared for plaintiff; w. w. Stick
ney for defendant.
A. G. KENDALL, DRs. e. f. KENDALL q
+. g. DAVIS V. HENRY l.. DRIcH.-From
Windsor county. A petition for a mands-
mus to compel the defendant to correct the
copy of record of a justice court which de-
PENDANT held in Chester in March, 1894
The record was to the effect that no one ap-
peared to offer bail in the matter of an ap-
peal, which, petitioners claim, was con-
trary to the fact f. c. Davis for petition
ers; George L. Fletcher for defendant.
In RE HANNAH B. PIERcEs ESTATE, BUR-
TON B. PIERCE, ADM'RIoF ESTATE OF SAM
UEL b. PIERCE, GUARDIAN, CLAIMANT, Don
G. POLLARD, ADMIR-, APT.-Heard at the
January term. Judgment of county court
that the appellant, as administrator of Han
nah b. Pierce, recover of appellee, admin
istrator of estate Of Samuel B. Pierce, guar
dian, $930.76 and costs affirmed. Judgment
to be certified to probate court. w. W.
Stickney and W. e. johnson for appellant.
H. NJ WATSON EFT. AL v. ELIZABETH
SMITH.-From Addison county. In chan
Gerry. Orators, who are the eight children
and heirs of Alfred Smith, of whom the
aforesaid Elizabeth is his widow and was
his second wife, seek to have trust estab-
lished OF certain property left by deceased
in Elizabeth's possession. The main ques-
ton relates to farm in Huntington con-
veyed to her in 1889 through third party.
L. f. Wilbur and G. M. Wilds for orators
Daniel Roberts and e. B.Taft for defendant.
THE BURYING-GRoUND ASSOCIATION OF
WOODSTOCK V. JOHN w. HAGAR.-By rea-
son of defendants neglect, on request to
fill up his lot in the cemetery, which had
become unsightly in consequence of the sur
| linz 1ntu bax, ivoy lad ha LOT
was filed by plaintiff al a total expense of
S11.34, which defendant refused to pay on
demand made upon him by plaintiff by its
president. This action is brought in case to
determine what right plaintiff has in the
cemetery. w. G. French for plaintiff; f. G.
Davis for defendant
EDWARD II. GENo v. FALL MOUNTAIN
PAPER CoMPANy.-A petition for new
trial from Rutland county, by defendant.
Plaintiff recovered 1921 damages in a jury
trial for injuries received in defendant
mill, claiming defendant did not furnish
him a safe place to work. Defendant
claims that the verdict was contrary to the
evidence and wishes to produce newly dis
covered evidence. The supreme court, at
the October term, sustained the judgment.
L. NJ Read and e. l.. Waterman for de-
PENDANT and petitioner; G. A. Prouty and
Butler & Moloney for plaintiff.
STATE v. CLINTON l.. SHERwooD.-Re-
spondent was convicted in Rutland county
court of bigamy on an information filed by
States Attorney Jones. The evidence OF the
state tended to show that respondent was
married to Nellie e. Barry, at Montpelier,
by Rev j. Edward Wright on August %,
1891, and resided with her as his wife at
Newport, n. H., until the first part of the pres
ent year; also that respondent was married
to Matte e. Barney, in the city of Rutland,
April 8, 1896 Respondent claims that the
first marriage was void. States Attorney
j. c. Jones for State; Butler & Moloney for
respondent
STATE v. LYDIA A. STEvENsoN.-Re-
spondent was convicted in Franklin county
court of an abortion upon NJ Estella
Houghton, young lady twenty years OF
age, who died at the respondents house in
st. Adams. The case was reargued Friday
forenoon. The question was as to the sur
fciency Of the Indictment being whether
the state should have alleged that the abor-
ton or miscarriage was not necessary 10
preserve life rather than that the operations
performed were not necessary, as alleged
by the state. States Attorney l. n. Chase
and George A. Ballard for state; O. G. Aus
tin for respondent.
ISAAC p. TITUS, PRoPoNENT OF THE WILL
OF LYDIA Z. FULLER, V. HENRY II. GAGE,
CONTESTANT, APT.-An appeal from pro.
bate of will, by which the aforesaid Lydia
left all of her estate (Which was appraised
at about 1000 to the "Old Ladies' Home"
in st. Johnsbury. except 50 to the said
who contested the probate OF will on the
ground that deceased was unduly influenced
in the making Of the will and also because
she was not of sound and disposing mind.
The jury sustained the will in Caledonia
county w. p. Stafford for prepayment; Tay-
Tor & Dutton and b. e. Billiard for con
testant.
JOHN MCKINLEY v. JOHN II. DREW
Plaintiff obtained a verdict by jury in Cal
edonia county court for $3.50 and costs for
fraudulent representations of defendant as
insurance solicitor, in the sale of life in-
surance policy in the New York Mutual
Life Insurance Company. Plaintiff made
two annual payments on the policy OF
S262,50 each. His testimony tended &c
show that afterwards he discovered that
the policy was not what he purchased. De
PENDANTS exceptions are directly mainly
against the admission of evidence at trial
and the charge of the court. W. p. Stat
ford for plaintiff; Bates & May, Dunnett
& Slack and Harry Blodgett for defendant
T n. N. BETS, CASHIER, " CHARLES JOHN
SON AND HOWE SCALE Co., AND JOHN #