The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1896-01-22
SUPREME COURT.

In RE M. II. ALEXANDER, PROCEEDINGS
FOR DIsBARMENT.-In this case the Supreme
Court at the October term, 1895, appointed |
committee composed of alto neys to in
vestigate the professional conduct of Mr..
Alexander, an attorney from Burlington,
and in consequence he agreed tn 1T judg-
ment might b entered against him without
hearing on the charges preferred, and &C.
cordingly judgment was entered Wednes
day morning, removing him from the Office
of attorney. at law and from the office of
solicitor in chancery. Mr.. Alexander made
no appearance.
LAFAYETTE Q. POWERS v. NEW ENGLAND
FIRE INSURANCE COMPANY OF RUTLAND -
The arguments were commenced Wednes-
day forenoon and occupied the remainder Of
the day. The action is brought in general
and special assumpsit to recover upon a
policy Of insurance upon a house and con.
tents in Newfane which wero burned May
20. 1894. Plaintiff obtained verdict in
Windham County Court of S74l.42 De-
PENDANT claimed variance between proof
and declaration, and that there was lack
Of the sworn proof Of loss which plaintiff
was required by the policy to make within
thirty days after the loss. Plaintiff claimed
that defendant was estopped from making
defence by reason of the sworn proof of loss
being made late, as the company did not
send an adjuster as it had agreed to do, and
had it done so the sworn proof would have
been made in season. Clark Fits and
| w dJbT O. HUI lOT Dldlublu,
Butler & Maloney for defendant.
MELVIN TUCKER EFT AL. v. Towns OF
EDEN AND LOWELL The court overruled
the motion TO dismiss made in behalf of the
towns and appointed w. w. Miles OF Bar
ton, S. r. Fletcher of Holland and 8. r.
Miller of Waterville as commissioners to
determine whether the public good requires
q highway to be established between the
two towns. Case continued
FRED M. WAITE v. ALoNzo STARKEY.-
The defendant, AZ deputy sheriff to satisfy
an execution against plaintiff, levied upon
a horse, whereupon Plaintiff replevied the
horse, claiming that it was exempt from at
| tachment and execution. Plaintiff obtained
a verdict in Windham County court, De-
PENDANTS motions in arrest of judgment and
to set aside the verdict, made on the ground
that the action of replevin would not lie in
such cases, were both overruled, to which
exceptions were taken. Waterman, Martin
& Hit for plaintiff; Clark q. Fits for de-
PENDANT.
| CITIZENS SAVINGS BANK AND TRUST Co.
v. Fl. 4. GRAHAM, ASSIGNEE, EFT Ala
chancery foreclosure from Orleans County.
Orator is the owner OF a 800 note secured
by real estate mortgage given by John +.
Conner on January % 1885, to Bates &
May to secure them for their fees as his at
torneys in voluntary petition of insol-
vency filed by him the same day, and for
$50 advanced by them to Conner, for de-
May assigned the note to the bank, aud the
question is If the transaction is in fraud of
the insolvency law. The insolvency case is
still pending. Bates & May for orator;
Cook & Redmond for defendant.
e. s. HANCOCK v. w. f. CLARK, Apt
An action in assumpsit to recover the divi
dends of January and July, 1888, on twelve
shares of Barton National Bank stock
which plaintiff sold defendant by written
contract about December q, 1887. The
trouble arose from the fact that the larger
portion Of the price was not paid until
future date. A verdict was ordered in
Orleans County Court in favor of plaintiff
for $58 "a, to which defendant has excep-
tons. w. w. Miles for plaintiff; Cook &
Redmond for defendant.
JOSEPH DREW v. j. d. DREW, APT,-De-
| PENDANT sold a pair OF stays for $50 upon
which he had given to plaintiff chattel
mortgage, the note described in the mort
gage being due and unpaid, whereupon
plaintiff brought this suit in trover De-
PENDANT in his plea denied the right of
plaintiff to maintain the action OF trover.
The plaintiffs demurrer to defendants plea
was sustained in Orleans County Court, to
which defendant excepted. f. w. Baldwin
for plaintiff Cook & Redmond for de-
PENDANT.
STATE v. FRANK MoRRILL.-The evidence
in Orleans County Court tended to show
that on June 8, 1895 respondent, at Coati-
cook, Canada, hired of Joseph Adams a
team to go to Barneston, but instead drove
to Newport, Vt, where he offered to sell
the team to DR.. j. H. Gaines. At the Sep
TENDER term, 1895, Of county court he was
convicted of grand larceny. Respondent
claims that he was improperly convicted.
States Attorney o. s. Austin for state;
Cook q Redmond for respondent.
W. III. FAIRoHILD, TREASURER OF Town
OF FAIRFIELD, APT, v. SAMUEL AND julius
RICH, AP'EEs.-The referee found that on
November 9, 1899, defendants dogs killed
thirteen sheep owned by Merrill Mitchell in
Fairfield and that Mitchell obtained from
the town S62 damages, which the referee
found was a fair market value OF the sheep.
The town seeks to recover that sum, with
COSTS under Section 4049 of Revised Laws.
Defendant claims that the law is uncon-
stitutional and in conflict with the bill of
rights. w. III. Fairchild and r. g. Upper
for plaintiff; Wilson & Hail. III. #. Brigham
and l. N. Chase for defendant.
OK. BROWN, ADMINISTRATOR OF SAMUEL
K. MEAD's ESTATE v. Town OF SwANToE.-
Plaintiff seeks to recover from town in an
action founded on Sections 213S and 2l39,
Revised Laws, for injury OF interstate in the
spring Of 1895, which resulted in his death,
caused by alleged insutficiency and want of
repair of culvert Plaintiff obtained a
verdict in franklin County Court OF 1920
Defendants exceptions are based on the
admission OF evidence at the trial and to the
charge of the court III. A. Burt, ID. g. Fur
man and G. G. Austin for plaintiff; r. o.
Sturtevant, e. A. Ayres and Ballard &
Burleson for defendant
LOUIS LENNA v. T. b. KENNEDY AND Town
OF ST. ALBANs, TRUSTEE, nitted on
briefs. In franklin County Court plaintiff
obtained a judgment against the principal
debtor for 800, without costs, and trustee
adjudged chargable. The question Is as to
the liability OF the trustee. At its March
meeting in 1898 St. Adams voted to pay de-
PENDANT 800 for his services as lister In 1872.
Trustee excepted to the admission of Ger,
tain evidence before the commissioner, ana
also claims that services of this nature are
not subject to the trustee process. M. Buck
for plaintiff; Wilson & Hall for trustee.
Adjourned to Tuesday, January 81