Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-02-06
FROM WASHING
D0HERTY'S EXECUTION STAYED
Date is Now Third Tuesday In Magyar
euments Before supreme Court.

Montpelier, Feb. I'm supreme court to-
day the first case heard was that of Town
of Clarendon VS.. Rutland Railroad com
pany from Rutland county. This case
was called up Friday, but owing to the
absence of Mr.. Button, attorney Tor thu
defendant, was put over until to-day. Mr.
Butler and CT. f.. Lawrence, attorneys for
the plaintiffs, asked for allowance of costs
TO their client for their extra trip TO Mont
pelier for hearing to-day. The court held
that it was right, and allowed reasonable
expenses.
This suit was brought by the town for
expenses incurred in building a bridge
over the railroad and which the plain If
claimed was the duty of the railroad to
build. The jury held the road to be a
public highway and the case comes to the
supreme court on pro forma Judgm mt
for the plaintiff. Butler and Maloney and
6, II. Lawrence for plaintiff and +. H.,
Button for defendant,
The Lamoille county case of r. c. Cristy
vs. George M. Stnehour ct al, was dis
posed of by Judgment being affirmed with
out hearing. In county court the plainNiff
recovered S99994 damages and costs,
Powers and Cheney for plaintiff and Hunt
for defendant.
The case of Union Savings Bank ard
Trust company VS.. Bidell ct al viii h had
been stipulated in for hearing since the
docket was printed, was heard next. This
was a petition for a foreclosure of a first
mortgage which orator held on defend
ants farm. Buildings on farm We're burn
ed and by reason of lack Of notice to tn
insurance company of the second mort
gage the insurance was not paid. TIL
orator held the insurance policy and claims
the defendants are liable for the loss,
George w. Hendee and Judge II. II. Pow
ers for orator and b. f. Bullard and w.
A. Dutton for defendant
The Grand Isle county case of George
w. Sabre VS.. Rutland Canadian Railroad
CO. has been settled and discontinued. +.
w. McGettrick for petitioner and II, ii.
Button for defendant
The Addison county case of r. l.. Fish,
receiver of the Farmers National bank of
Vergennes VS.. Hulda DIN, was next taken
up. The question for tie Supreme Court
| in this case Is whe Their tho receiver of a
national bank can bring an action in mis-
own name at law as such receiver for a
stock assessment The original suit was
brought to recover stock assessment made
| by the comptroller of tho currency of the
United States against the shareholders OF
the Farmers National bank Of Vcrgennes
and in County Court the declaration was
adjudged insufficient on demurrer. +. l..
Fish for plaintiff and Joel c. Baker for de-
| PENDANT.
| Ihe case of Charles pohcrty vs. state nj
Vermont which Is now before the United
States Supreme Court, the execution al
sentence is postponed until the third Tues
day of May, A, d., 1902.
Frank Morse. formerly of Duxbury. was
brought before Judge Euntlcy to-day or
n charge preferred to County Court fol
selling ard was admitted to bail In 500
which he furnished. About two years ag'
Morse was arrested on the same charge
but escaped by swift running. He return
ed to the State a few days ago to worl
on the Hartford bridge ard was at ono
secured by Deputy Sheriff Tracy of thi
city.