Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1896-01-23
BURLINGTON VT, THURSDAY JANUARY 23, 1896
terest. w. w. Miles appears for the plain

terest. w. w. Miles appears for the plain
tiff and Cook for the defendant.
Joseph Drew VS.. j. O. Drew, apt. In
this case the plaintiff filed demurrer to
the defendants third plea, which was 3us-
tanned and to which the defendant ex-
cepted. The action was trover against
the defendant for selling mortgaged prop
erty. The point in contention for the Su-
preme Court to decide being whether the
action will lie. Baldwin appears for the
plaintiff and Cook and Redmond for the
defendant.
Montpelier, Jan. 1.-THE first case heard
before the Supreme Court to-day was
State VS.. Frank Morrill,. This was an in
dictment, charging the respondent with
stealing horse, harness and carriage.
The taking was committed in Canada.
but the respondent drove the team out
into Orleans county at Newport and there
attempted to pawn 1t for s15. The crime
as proved constitutes grand larceny in
this State, and the respondent was sem
fenced TO three years in the State prison.
The respondent excepted to the trial as
II was not proved what the crime was in
Canada, where the original taking took
place. State's Attorney o. s. Annis ap-
peared for the State. Cook for the respon-
dent.
w. II. Fairchild. treasurer of the town
of Fairfield VS.. Samuel and julius Rich,
appelees. This was the first case from
Franklin county. The action was brought
to recover damages caused by dogs. n. N.
Post was appointed referee to hear the evil
dence and report damages-and upon hear
ing the evidence he reported for the plain
tiff to recover sG2 damages; to which re-
port the defendants excepted. w. IL. Fair
, child appeared for the plaintiff. II. f.
Brigham for defendants.
o. X. Brown, administrator of Samuel
7 net a q nj
In this case the deceased received inju-
ries by reason of ditch caused from neg
lect to repair the road from which he sub
sequently died. The plaintiff claims that
owing to a sluice way getting frozen up
the water flowed over the road and gull
lied 1t out The plaintiff In County Court
recovered s5?50 damages and costs. The
question for the Supreme Court being
whether evidence tending to show that
1t was the duty of the town to keep the
road in repair and also tending to show
that 1t had been the custom OF thetown
to do so, and that the town officers had
notice oG the bad condition of the road,
was probably admitted. Burt, Furman
and Austin appear for plaintiff. Sturte-
want, Ayers and McGettrlck for the de-
fendant town.
Montpelier, Jan. 21.-The Supreme Court
resumed its session here to-day. The first
ease was that of Ewing II. Bunum, appel
liant, VS.. j. NJ. Haynes estate, appellee
This Is a contested will case from Franklin
county The Probate Court and County
Court, to which an appeal was taken held
the will good and valid. The petitioner Is
a resident of Cleveland Ohio, and is con-
! testing the will on the grounds that suf-
| fcient legal notice was not given her al
| the time of the probatlng the Will, the
defendant claiming that she should have
objected to the will at that time If at all
| Watson and Flynn appeared for the plain
tiff, Furman and Post for defendant.
Henry Stanley. appellant, VS.. S. s. Tur'
ner, appellee, is a case which was re-
ferred to o. y. Ikelton to hear and report
Ord upon his report judgment was render
ed for the r,aintiff to recover Mi3S. while
several specified items of the defendant.
account were disallowed for want of 9
plea in Offset. Both parties excepted tc
the report. Rustedt and Lyman appeared
for the plaintiff and Powell and Brown fol
defendant