Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1898-08-11

i Us & 4,
sion. The term continued into the ninth
week from its commencement, but there
was two weeks intermission, the total
number Of days being IS All connected
with the court, including officers, attor-
neys and litigants, have nothing but praise
for Judge Start for the ability, fairness
and patience displayed by him as presid-
ing judge.
We give below the disposition OF all
cases not previously reported, those not
mentioned being continued.
CIVIL CASES.
A. s. Martyr VS.. A. Broug hton & Trus-
tee. Trustee discharged with costs.
III. II. Holt V. A. p. Laid and Babcock &
Howard d Trustee. Judgment against
principal defendant. Heard and with
court as to trustee.
Burns c. Bond v. Hiram Ware. Referred
- William Batchelder to be heard and
cried according to Law
A, 8. Martyr, apt, v. /. B. Palmer.
Heard oy court. Judgment for defendant.
Exceptions by plaintin. j. W. Gordon for
plaintiff; X. M. Harvey for defendant.
Dana Madore v. VIM. Farrand apt. Nom
suit ordered.
@. L. Stewart v. v. C. Goodrich q Trus-
tee. Referred to c. s. Emery.
l.. L. Persons V. W. F. Gillette and He
Der L. Flint, apis. Judgment that De-
PENDANT Gillette recover his costs, f15.S6.
1915 damages and S20.2s costs. N. L.Boy-
den for plaintiff; J. ID. Denison for defend
ant.
Eliza A. Fisher, apt, v. Alden Stevens
Estate. w. e. johnson, auditor.
William Rogers Hight, b. u. l., apt, v.
Martha j. Eastman's Estate. Judgment
that the instrument purporting to be the
last will and testament OF MsrtLa j. East
man Is duly proved, allowed and estab-
lished as such; to be certified to the pro-
bate court.
r. R. Slack v. R. W. Allen. Judgment
for plaintiff, by default, for s50936 dam
ages and costs. Darling d Darling for
Horace W. Spencer v. Eugene R. OAR
ling, apt. j. ID. Denison, auditor.
WATSON T.. Dow v.M. j. Caldb & Son,
apis. This was the case tried at the be-
ginning OF the term, in W hich verdict OF
sos was returned for the plaintiff. The
defendant filed motion to set aside the
verdict, and motion In arrest OF iuug-
ment, both OF which were overruled. The
plaintiff was given leave to remit the ex-
cess OF the verdict above 500. Il was or
dered that the plaintiff deposit with the
clerk, on or before Aug. Is, the. bill sent
by the defendant to him, to remain with
the clerk subject to the inspection OF par
that the bill has been altered by the plain
tin, and purposes to have an enlarged pho
tograph made of it, whereby 1t Is claimed
that the alterations will become apparent
The case goes TO the supreme court upon
DEFENDANTS exceptions. X. M. Harvey and
J. ID. Watson for plaintiff; Smith q Sloane
for defendants.
ID. 8. Folsom v. 8. w. Davis ard wife.
apis. Defendants and trustee defaulted.
Judgment against defendants for s26.56
damages and SIG SO costs, and trustee au-
judged chargeable for the whole. r. M.
Harvey for plaintiff.
National Bank OF Newbury v. John Glib.
son ana Martin II. Gibson. Judgment
for plaintiff by default. Smith q sloane
for plaintiff.
Jim Lee v. Charles Selinas, apt. This
was an action OF trover for some laundry
fixtures and WAS tried by the court. The
plaintiff is Cinnamon engaged in the
laundry business at Randolph. His ma
tionality did not prejudice him any; neith-
er did the fact that it turned out IA evi.
dence that two OF the defendants main
witnesses had heretofore been indicted
Tor perjury. The court rendered Judgment
for the plaintiff to recover SS4.61 damages
and s36.1S costs and granted certified ex-
ecution. NJ. M. Wilson and j. ID. Denison
for plaintiff; t. j. and E. II. Deayitt for
defendant. The defendant took excep-
tions.
ii. II. Rutter v. George A. Leavitt. judy
meDt for plaintiff by default. Darling Il
Darling for plaintiff
Mccormick Harvesting Machine Co. v.
Frank u. Wright, apt. Judgment for
plaintiff. M. Nj. Wilson for plaintiff: N.
L. boyden for defendant.
Bradford Savings Bank q Trust Co. apt,
v. George w. Chapman's Estate. Referred
to George N. Dale, by agreement, to be
heard and decided according to law. ].
III. Watson and Hunton & Stickney for
plaintiff; John Young and Paul Lang for
The following cases were entered settled
and discontinued
VIM. Z. Clark v. 3. s. Briggs & Trustee;
Nj. j. L8msoD v. Susan Z. Albin q John
Washburn; Clarissa Cogswell and s. B.
Carpenter V. r. II. Kingsbury; John s.
Averill v.Joseph L. Slack; Ebert C.Crock-
EFT v. Village of Barre Understood to have
been settled for $500; Randolph v. Rox-
bury tine last named case is settled by de-
PENDANTS paying S227.s6 for the support OF
the pauper up to June 1, 1898, each side
paying its own cost; defendant is also to
pay plaintiff S62 so per year as long as the
pauper lives and Is chargeabIe to plain
Cn;) A. >. Root Co. v. ID. w. Ramsdell:
Thatcher Stone v. Charles N. Stimets;
Isaac ID. Robinson v. Henry II. Martin
Electa Whitney v.Charles Edison; Sid Tul.
Ter v. G. d. Annis; Archibald Mccormick
v. Alexander Wilson; A. c. Haskins, apt,
v. Alden Stevens Estate; George d. Hyzrr
~fNcA 81 4<anCf A1CuEy ACdLuS V. N. T..
Telephone & Telegraph Co.; George Lane
v. George Hyzer, apt; Heber F. Holman
v. Chas. +. Holman; Chss. ErskiDe & Abb
gail nj. Erskine v. G. NJ. Hayes and +. &. |
Smith; Lewis Gibbons v. Will Rathburn;
John A. White V. Hilas d. Davis; Ira A. |
Merrill v. Homer s. McDuffee: Robert F. |
Straine v. Ebert O.Leonard discontinued |
with costs.)
The following cases were heard and left |
with the court: Leander c. CARPENTER v. |
Aimena P. Cook; Benjamin Dow c. E. |
Taylor Trustee; Minerva Ordway v. A. |
N. King a Son; Chas. p. Tarbell, propo-
nent OF John Walton's will, v. Sarah A. e. |
walton, apt; E. w. Pierce and Others v.
Town of Fairlee.
The following divorces were granted IL
Minnie E. Burroughs v. Charles s. Bur-
roughs; wilful desertion; Darling & Oar
ling for petitioner.
Sarah Eddy v. Fayette Eddy; neglect
and refusal to support; petitioner has
leave to resume former name of Sarah FL
La Davis; M. nj. Wilson for petitioner.
Winnie A. Wadieigh Frank w Wad-
leigh; intolerable severity; household