The Republican journal. [volume] (Belfast, Me.) 1829-current, 1896-05-07
Supreme Judicial Court.
CHIEF JUSTICE PETERS PRESIDING.

w m. A. OGalfe vs. inhabitants OF Sears
port, on trial and reported last week, the
jury returned verdict for plaintiff for SfO3
Inhabitants of Thorndike vs.. Inhabitants
of Knox, reported last week with verdict for
defendant, the plaintiff has led exceptions
and the case will go to the Law Court.
H. II. johnson, M. D.. VS.. Horace E. Nc
Donald; action on account for professional
services. The plaintiff attended the defend
ants wife during her last sickness and when
the bill for the same was presented the de-
fendant refused to settle, alleging that it
contained charges for services never render
ed, and that several of the charges were ex-
orbitant. The bill amounted to $158.50, and
there credit allowed for defendants 8
bill against plaintiff of 1927, leaving a bal
ance of $3.50. The defendant claims that
the plaintiff obtained his bill and then en-
larged his own bill enough to make bal
ance against the defendant. In case of four
visits i'll attendance on the defendant him
self he denies that the visits We're ever made
AS to the reasonableness of the charges sew
eral physicians were examined who testified
as to their usual charges in such cases, but
as circumstances in each case vary there is
wide range of prices. The jury returned
verdict for plaintiff for S21.37 Dunton for
plaintiff. Thompson & Wardwell for de-
fendant,
Lydia J. Hathaway, appellant from decree
of Judge of Probate, vs.. Chas. B. Hathaway,
admr. of the estate of Lydia S. Knight. Mrs.
| Knight of Troy died in 1881, and Charles B.
| Hathaway was appointed administrator of
her estate. He settled the estate, collecting
the bills and paying the debts, and finally
| settled with the heirs and his account was
allowed i'll the Probate Court. His wife,
Lydia j., is daughter Of Mrs. Knight, and
claims that she has not received her share
of the estate She appealed to the Supreme
Court from the decree of the Judge of Pro-
| bate in allowing the final account of the ad-
| ministrator, and Chief Justice Peters refer
| red the case to Hon. Geo. E. johnson, as
referee. The parties also each filed actions
| against the other for divorce. That of the
husband was dismissed by agreement and
that of the wife allowed. S. S. Brown of
| Waterville appears for the appellant and
Libby of Unity and Rogers of Belfast for
the administrator.
| A. E. Nickerson ct ais vs.. Lydia nj. LARA
bee neither party.
f. T. Bessey vs.. W. r. Bessey; neither
party.
| F. O. Day vs.. W. R. Bessey; neither party.
| Portland Stove Co, vs.. W. B. Downes IN
solvency of defendant suggested.
! F. W. Brown VS.. w. B. Downes insol-
vency of defendant suggested.
| B. o. Sargent, petr. for partition, vs., Henry
| Mathews ct ais; judgment for partition; ;
| commissioners appointed to make partition.
| Wayland knowton VS.. W. G. and Geo r.
| Williamson neither party.
| Application of Chas. Fl. Buzzell Of Mon
roe for admission to the bar was dismissed
on account of rregularity in the papers ac-
companylng the application.
| Frederic r. Page VS.. Tie Petit Manan
Land Co., and The Petit Manan Land Co
VS. Frederic r. Page, We're united IN one
and opened to a drawn jury with Oscar
Hills, foreman, Monday The company EN-
ployed Page, hy contract, to construct GER
tain highways on Petit Manan Island
which they claim We're not built according
to contract and bring suit for breach Of the
same. Page claims that he is entitled to
| pay for work done. After opening, the
case was withdrawn from the jury and re
ferred to Hon. W. p. Whltehouse, to be
! heard in the month of October, 1896, in sea-
son to make return to the October term
1896 in Waldo County, if practicable. Mont
gomery and Brown appeared for Page; ;
Fogg and Dunton for the company. Pages
suit against the company was opened at the
January term and was non-suited on ac-
| count of an error in the writ, in naming as
i the defendant the Petit Manan Land and
| Industrial Co.
| John F. Thomas, appealed from the Bel
fast Police Court, on charge of violating the
fish and game laws in having in possession
II partridges in close time, goes to the Law
Court. The defendant claims that the war
rant is defective in charging two offenses
| in one count He files a demurrer, with the
right to answer further if the warrant is
| found correct
Geo. 3. Blanchard vs.. Benz. c. Knowlton
was on trial Tuesday and Wednesday. 1t
is an action to foreclose a mortgage on real
estate in Liberty, which was complicated in
the sale of a boarding house in Boston,
where the parties live. The case was gwen
to the Jury Wednesday afternoon. McLel-
Ian for plaintiff. Knowlton of New Hamp-
shire for deft.
CRIMINAL DOCKET.
Thursday the cases by Indictment against
the Belfast druggists were taken up. That
against Kilgore and Wilson was mol pressed
as to Wilson, and all the cases then went to
the Law Court on demurrer. AS there is
some misunderstanding to what a de-
murrer is we quote the following definition
from Bouvier's Law Dictionary;
"An allegation that, admitting the facts of
the preceding pleading to be true as stated
by the party making it, he has yet shown no
cause why the party demurrlng should be
compelled by the court to proceed further. -
The respondent les demurrer; the
County Attorney "joins." or objects to the
demurrer. the Court overrules the demurrer
the respondent files exceptions to the ruling,
and the is ordered before the Law
Court for final decision. If the Law Court
sustains the demurrer it practically says
thereby that the Indictment is faulty, and
the respondent is discharged if it overrules