Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1896-05-07
UNITED STATES COURT.


UNITED STATES COURT.
The first case taken ,so in tho United
States Circuit Court this morning was
that of Boyd Ewing, receiver of the
Cardiff Coal and Iron company. US. a. +.
Childs of Bennington and the same VS..
L. G.. Burnham of Burlington, actions
growing out of the attempted building Of
n city at Cardiff. Tenn. The hearing to-
day was upon motion to dismiss in each
case. Tho alleged ground of the motion
was the failure of the plaintiff to follow
the former procedure and practice Of tho
State in bringing his suit. The United
States statutes provide that the forms.
practice, process, and procedure of the
United States Circuit Court on the law
side shall conform to those of the State
in which such court is located. This had
been done by the Circuit Court for the
district of Vermont until the adoption OF
the new procedure act which was enacted
by the Vermont Legislature in 1892. This
act provides that writs shall be served
within q days from their date and shall
be entered and docketed within the same
time that they shall contain directions
/ to the officer serving them to serve and re-
turn within 81 days from their date and to
| notify the defendant to cause his appear
! ance to be entered within ~ days from
| the date thereof The wf1ts IN question
/
prior to the adoption of said act. They
did not contain the directions above refer
red to- but the officer was directed TO
have them with him in court on the first
day of the term TO which they were re-
turnable and the plaintiff did not cause
them to be docketed in the clerks office
within 21 days from their date.
c. A. Prouty of Newport and p. NJ. Mel
don of Rutland appeared for the plaintiff
and D. ]. Foster of Burlington for the de-
| PENDANTS. These are two of large series
of cases being brought in the courts OF
| Vermont Maine. New Hampshire and
| Massachusetts,. Decision was reserved.
In the case of the United States VS..
| Adam l.. Miller, indicted for smuggling.
RESPONDENT, through his attorney, j. w.
Redmond withdrew his plea Of not guilty
heretofore entered. and entered plea OF
guilty, and was thereupon sentenced by
| the court to pay fine of 800 and costs or
prosecution, taxed at Sl55.9l.
| In the case of p NJ. Sharples ct al. VS..
! the Mosley and Stoddard Manufacturing
| company, ct al, an action in equity for in
| fringement of patent, In which hearing
was commenced yesterday, the arguments
! were concluded at 1920 this afternoon.
| Decision was reserved.
In the matter of the petition of Frank
! Dudley, appealing from the decision of the
board of general appraisers in regard to
! the assessment of duties on certain classes
of lumber imported into the United States,
| a hearing was finished at o'clock and
| decision was reserved. c. a. Prouty or
Newport and ]. r. Tucker of Boston APP
peared for the petitioner, and District At
torney Senter, Daniel Magone and f. j..
Strong of OSdensburg for the government.
The last case heard was that of L. l..
Foster. receiver of the National bank Of
Deming n. NJ, VS. Benjamin f. Lincoln
and others. This is a suit in equity, in
| u.bi i,l, "a
assessment of $50 per share on % shares
of stock, Notwithstanding transfer
which the defendant made of his shares
to his five children shortly before the fall
ure of the bank. The defendant claims to
have transferred tbs stock TO his children
as a present to them in good faith. The
| receiver claims that al the time of the
transfer the bank was insolvent and that
the defendant was in possession of such
| facts touching the condition of the bank
as charged him with an apprehension Of
its impending fGilure, so that the transfer
is unavailing to avoid liability, the trans
fer being made to persens unable inan-
| cially to respond to the statutory liability
| of stockholders.
W. l.. Burnap OF Burlington appeared
for the receiver and C. A. Prouty of New
port for the defendants. Decision was re-
served. Court then adjourned to o'clock
tomorrow morning.
1t is understood TO be the purpose of
the Rutland company to thorouShly equip
their road that II may afford every COM
fort and facility to the travelling public
| The Rumors to the effect that the manage
| ment was about to pass into the hands
of the Boston and Maine or the Fitchburs
railroad are absolutely denied, but on the
contrary 1t is affirmed that the road will
be operated by the Rutland company
which believes there is profit in n wise and
| buSinpss-likn management OF this system,