The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1896-02-12
SUPREME COURT.
SUMMARY OF CASES CONSIDERED
DURING THE PAST WEEK.

Court reassembled Tuesday morning,
February 4. Judge Thompson is presiding
over Orleans County Court. The following
cases have been heard
II. o. CAMP v. j. H. WARD EFT AL.-From
| Washington county. 10 Chancery. Decree
for defendant reversed, pro forma, and cause
remanded according to stipulation on file.
ABBIE #. SooTT " w. III. BucHANAN.-In
Washington County Court plaintiff obtained
judgment for the return OF the property
replevied and 81 damages and costs. Stipu.
| lations between the parties were filed and
the judgment Of the county court was
affirmed, without costs in this court.
STATE v. GEORGE GIBBS AND IDA BRINK
Respondents were convicted of adultery, in
Franklin County Court 1t is commended
now in their behalf that there was no evil
dence in the case to show that either of
them were married, nor sufficient evidence
to show the commission of the crime
States Attorney l. N Chase for state; G. g.
Austin for George Gibbs and l.. O. Moody
for Ida Brink.
Town OF BARRE, APT, v. GEORGE JERRY.
An action under Section 1882, Revised
Laws, for obstructing highway. AT the
March term Of County Court the jury re-
turned verdict of 81 for plaintiff, A
motion was made by plaintiff for full GER
tificate and full costs, which was granted.
Defendant claims that, as plaintiff recov-
cred only nominal damages, he is entitled
to only So costs. j. w Gordon for plaintiff;
j g. Wing for defendant.
DELLA j. PARSONS " GEORGE PARSONS
The parties were married in September
1898, petitioner then being fifteen years old,
residing with her parents at West Berlin.
The marriage was annulled at the Septem-
Der term of County Court on the ground of
fraud, to which defendant excepted. The
case was heard at the May term 1885, of
supreme Court, and was ordered reargued.
Dillingham;, Huse & Rowland for petit
TONER; w. A. Lord and f. l.. Laird for
defendant.
ANNETTE WILEY, ADMINISTRATIVE, v.
HEBER AND CLINTON THwING.-Plaintiff is
in possession of premises leased by intestate
{ of d. r. Sortwell and A. ID. Morse, who en-.
tered into possession April 1, 1894. The
premises are known as the Royal Gale
farm and are in the city of Barre. In an
action in trespass quare clausum Judgment
was given in County Court that plaintiff
recover 81 damages. Defendants claim that
they had right of way over plaintiffs land
from the necessity of the situation. S, G.
Shurtleff for plaintiffs f. j. Martin and G.
/ W. Wing for defendants.
STATE " HARVEY acknowledgements
was, at the last September term of Wash
ington County Court, convicted of breach
of the peace and sentenced to eight months
in the House of Correction. Defendant
seeks new trial. His counsel, j. p. Lam
son, argued his motion for a continuance on
Mrs. Laird, the stenographer, he was unable
to obtain the copy of the proceedings in
County Court in season 10 show the applica-
ton OF the newly.discovered evidence. The
motion was resisted by States Attorney
Stanton, but majority of the court were in
! favor OF continuance, and it was so ordered.
ELEANOR Siberian v. GEORGE e. E. SPAR.
HAWK, APT.-An action in debt on defend
ants recognizance taken in accordance with
Section 1926, Revised Laws, in an action of
plaintiff against one lockwood, founded
upon Sections 1921 and 1922, Revised Laws.
Defendant pleaded, in bar, that plaintiff
caused lockwood to be committed to Jail
upon an execution issued upon the juOg.
ment recovered against said lockwood
in said action Plaintiff demurred to de.
fendant's plea, and was sustained by pro.
forma Judgment In Chitteuden County
Court, to which defendant excepted. ID. j.
Foster for plaintiff; Henry Ballard and A.
V. Spalding for defendant.
o. G. LUCIA V. M. j. MEAoH.-Plaintff
brought suit for negligence. On the night
of September "a, 1894, plaintiffs horse,
which was being pastured by defendant,
strayed upon the railroad track and was
killed. The pasture is in Charlotte. The
contract for pasturiDg the horse for the
season was $40, nothing appearing in the
case to show whether or not it had been
paid. Plaintiff recovered $117.50 and costs
in County Court. Defendants exceptions
are based upon The exclusion Of evidence
offered by her at the trial and to the charge
Of the court ID. j. Foster and K. K. Brown
for plaintiff, c. M. Wilds for defendant.
STATE V. WILLIAM FITZGERALD. This
case comes on an appeal from the City
Court of Burlington, where defendant had
trial by jury, was found guilty of intoxica-
ton, and was fined So and costs, with alter
native of twenty days in the Jail. The evil
dence tended TO show that respondent was
cd xtrtt Ia ttNtn tod
to the jail and soon after sent for an at
torney, j. K. Cushman, who. in company
with one Buckley, went and saw him in Jail
that afternoon. States Attorney j. E.
Brown prosecuted the case and argued that
Cushman would have been improved as a
witness If defendant had been sober, to
which defendant excepted who claims
Cushman, being an attorney, was not a
competent witness in the case Submitted
on briefs. II. S. Peck for respondent.
EDWIN X. JONES, APT, V. ESTATE OF j.
W. ELLIs,-This is an appeal from the dis.
allowance .of plaintiffs claim by the com
missioners OF the estate of the late j. w.
Ellis of Montpelier, who died in January
1892. In April, 1890, plaintiff purchased of
Ellis fifty shares of the stock Of the Sioux
City Valley Land Company, for which he
paid $4,000, Of which Ellis retained ten per
cent commission. The plaintiff claimed
that the representations of Ellis al the time
OF sale were false, but the court charged
that plaintiff could not recover for the tor
tipns or fraudulent aspect OF the case To
this charge the plaintiff excepted claiming
that this feature OF the case survived the
death OF Ellis, The verdict in County
Court was for the defendant. s. c. Shurt-
left and j, p Lamson for plaintiff; Dilling-
ham, Huse q Rowland for defendant.
HENRY GREENE, ADMINISTRATOR OF
ALKALINE WHITES ESTATE, v. HIRAM
S, WHITES ESTATE. From Chittenden
! county. Alkaline, in March 1886 surren-
dered to her brother. Hi lam S. White, two
notes-one of $1,000 and one of $500
which he destroyed, the referee finding
that he was to pay her the interest during
her life, which he did for three years and
four months. Alkaline died in October,
1880, the last fourteen months interest
being unpaid AT the time of the surren-
der of the notes she was i'll and threatened
with death, and made her will. Hiram
died June 30, 1893, leaving will of which
his widow, Euphemia, was a devisee, and
who is the appellant in this case. The COM
missioners of Hrams estate allowed