Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1900-05-10
First Day of the Session a Busy
One at Montpelier.
CHITTENDEN COUNTY CASES
Only Two Will be Heard at the Present
Term-Two Decisions Announced
Tuesday - Addison, Lamoillo
and Orleans County Cases
Heard.

Montpelier, May S--The May term of
Supreme Court was opened at 10 o'clock
to-day by Sheriff c. c. Graves of WAGER
bury. Prayer was offered by DR. Norman
Seaver of this city, after which the docket
was taken up.
No opinions were read and decisions
were announced in only two cases. In re
William L. Gould's last will and tesla
ment from Wndham county, the pro for
ma judgment of the County Court for con-
tcstants was revised, the verdict set ASIDE
and cause rcmanded.
In Alexander Sortwell vs.. Albert Sowles
and William Ladd from Franklin coun-
ty, the judgment of the County court Civ
ing the plaintiff 1886 30 was affirmed. Judge
start dissentcd from the majority OF the
court i'm this case.
or the Chittenden county cases, Eu-
gene w Cooney. by next friend, vs.. Jo-
seph y. LHeurcux was continued. Elijah
F. Herrick and wife vs.. Geneva 5. McCau-
lev ct al. is not FOR hearing. samuel
Howard VS.. Jed f. Clark ct nj. is still
with the court. Bertha Worthcm, adj
mnistratriY, VS.. the Fidelity and Casual
ty company, the judgment of the County
Court in favor of the plaintiff for s26l7. 4
was affirmed The cases of G. Nj. Delaney
vs. +. iIowcs & Co. and John J. Allen vs..
Clarence y. Gates ct al. stand for hear
ING.
In Washington county NJ. Marion VS.. o.
Bizzozero and Charles II. More Co,
trustee. apt, was discontinued as to trus-
tee and Judgment against the defendant
affirmed. National Life Insurance COM
pany VS.. George w. Brownell ct al dis
continued and Judge Start announced that
the case of Joseph Yatter vs.. Pitkin &
Miller would be disposed of THURSDAY
In Rutland county. Davis e. Gay VS.
Central Vermont Railway company, La
.,rl it1- nrt N
and Mary A. stone Us. Henry II. Stone
were continued.
Mary j. Comstock VS.. Delaware and
Hudson Canal company, which was m ac-
ton on the case for defective fence, was
discontinued.
In Windham county, Daniel Kellogg ct
a vs.. Boston and Maine Railroad COM
pany and Vermont Valley Railroad COM
pany of 1871, was continued. Walter f.. Y.
Walker, eX. VS.. Charles p Smith, noted
as not for hearing. Auginettc Cross VS..
town Of Rockingham, motion for continue
ance filed. Edward Lawlor vs.. John w.
Beaumond. continued. George f. Mosley
VS. Frank ". Mcclure, was reported set
tied Emma Howe ". George Il. stan
ley's estate and Meilen and Proctor. apis
V. A. V Kerr ana Ir.. continued. +. ID
l.arkin. apt VS.. Fremont Hamilton. was
reported to he a misentry and stricken
from the docket.
In Windsor county, Clyde Il. Benedict
ty next friend vs.. Union Agricultural So
cietv which Mad hecn sol for hearing was
continued ,rbte c,a, - of more than ms.
ual interest for the plaintiff recovered Il
verdict of $1,000 in the County Court for
injuries received while attending The
Worlds Fair a. Tunbridge. In re John A.
Thorborne John r Thnrhorne. guardian
Andrew Thorhorne ant which had been
60, for triaI iudgmant Of the county
court uas affirmed Iassie q Ivnde Inv
nor natural Guardian VS. town of plv.
,,o,tb vas continued and the other Wind
sor county cases stand for hearing
In - r. Daniel ~ Charles y Davis 4.
a. and .rr from Caledonia Tho il,dp
mont of tho cour- helov i'm favor Of the
ulaintiff wa, affirmed judgement was ar.
irn,od i'm Holland and Morgan Telauhone
comuary rs Grand Trunk Railway COM
uanv an Essex county case
After calling the docket a motion TO dis
miss exception i'm e. q. and l.. C. Greer
". James Mcdonald and others was TAX
en- up and the motion was supported by
col a 4 Han of Wilson and Hall for
rho nIaintiff and oDnosed ny william Far
rington of tarrinston and Post for the
defendant. II appeared that a decree in
the case was filed Jan 16. 1900 and mo-
lion from appeal was filed Feh 10 1900
The orator commended that the appeal
sbould have been 6led u-it ain % lave iron,
Ian 1e Tho defendant claimed that th,
motion for an appeal was filed within the
limo allowed bv law and claimed the de-.
PENDANTS did NOT have notice Of the riine
of decree until some time after il had beer
flied Tho court took the motion under
consideration and proceeded to take III
the cases standing for hearing
The first case Amelia j.. Davis. adm's
VS.. John O. CARPENTER from Remington
county was submitted on briefs. Charlie,
< Chase for plaintiff q f. RutterGeld
and Carpenter and Parker for defendant
The Addison county cases were the,
taken up and Viola d. Brouxhton VS. I.o
rem II. Broughton was continued pete,
Garrow va. Charles Miller was the frs
case heard This is an action on the cas-,
brought by laborer against a contracto
defective staging. The question involved