The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1902-02-12
SUPREME COURT


receiver of the Farmers National bank of
NergennCs against Huda Oliu, was taken
up Tuesday afternoon The question or
the Supreme Court in this ease is whether
the receiver Of a mai iDual bank can bring
an action in his own name at law as such
receiver for a stock assessment made bV |
the comptroller of the currency Of the
United states against the shareholders Of
the Farmer National bank of Nergemes
and the county court the declaration was
adiudgcd in>,tlhcicuc ON demurrer T.. j.
Fish for plaintiff and joel G. Baker for de-
PENDANT.
The supreme court has postponed the
execution Of the death sentence on |
Charles DUherly until the third Tuesday |
of May, 1902 This ease is now before the |
United States Supreme Court and the |
date of the execution of the sentence was |
next Tuesday. February II.
In Supreme court Wednesday the !
Caledonia county case of State against |
the Franklin county savings bank !
and trust company was heard. This |
case involves the question of taxation
on bank deposits subject to check.
Ross of st. Johnsbury for the bank
and j. e. Cushman of Burlington for
the State.
The next case heard was from
Orange county, Freeman Cunningham
against School district No. ?. in Or
ange, the town of Orange and the
town school district of Orange Cen
eral assumpsit f.. M. Harvey for the
plaintiff r. NJ. Harvey for the de-
PENDANT town and district.
The Orange county adultery case of
State against John + Kimball was heard
| late Wednesday afternoon. In county
| court the respondent was convicted on
| jury trial and the respondent is in court
| on exceptions to admission of evidence
| and to refusal of the court to direct n
verdict for the respondent on the grounds
of insufficient evidence. II. NJ Harvey
| and G. WING for the respondent and
States Attorney Conant for the State.
| The Chlttpudpu county case of j. IL
| Thorp against the estate of T. w IhOrp
apt from Chuteudcu county was also
| heard wednesday afternoons This is an
| appeal from commissioners Judgment in
| the lower court on the report of the ref
| cree WAS for the plaintiff to recover
! Si9G1jO @ NJ. Powers for plaintiff aud
onnhan and Buruap for defendant
In Supreme Court Thursday morning the
arguments were completed i'm the Chit
the estate or r.. " 1horp
The Chiueudeu county case of state
against Henry L.. Perry petition for i'm
Junction. was argued by States Attorney
over fOI the tate. and artiu, tush-
| muu and sherman for the resi- Oudeut
Washington county cases We're nest
taken up. The case Of Morris McKmstry
against .. r.. Collins and - n Lowell, as-
sault, and Morris McKmstrY against Col
linz aud Lowell petition for Il new trial.
were heard together, H. G. Shurtlef and
Senter Y Goddard for the plaintiff; j Il,
LAmsou for the defendant The ar-u-
ments in this case were not completed at
the noon recess.
I'm Supreme Court Thursday afternoon
the Washington county case of tate vs.
s. II o. Bosworth for violating a city or
dnance was submitted on briefs by states
Attorney HOar for the Stale and II. }
Deavitt and f.. II. Deavitt for the re-
spondent. The case was brought against
i}osworth for building and erecting q
drain and soil pipe less than four inches
in diameter, contrary to the city Ordi-
nance. The respondent was convicted
and is testing the constitutionality of the
law, together with exceptions to evidence
and refusal to direct verdict in county
} court at ontpelier
State VS.. oseph A Dow from Wash.
ngton county was next heard. DR.
Dow was Indicted for perjury ii
making false oath as to loss in
| fire at West Topshan III his return,
to the insurance company. The respond
ent demurred to the indictment
and the indictment was sustained
) in the county court. The indict
: ment is being tried on exceptions in thi,
court. The respondent claims that the
! an oath not required by law even if il
were false Other grounds are also relieC
on. The perjury alleged is statutory ac
cOrding to the acts of 1900, No. Ga State,
Attorney X. A. Hoar for the state ant
John w. Gordon for the respondent
>upreme court completed its work o
the session Friday and took a recess
until Thursday morning, February y
when il will meet to render decisions Oh
t | cases heard at this term,
{ The Washington county case agaius
I | David Bean, larceny, was argued b,
: states Attorney Hoar for the tate anC
, | George w. Wing for the respondent. The
l only other case heard was from Washrg
D ton county, Columbian Granite compaI,
e against Townsend < Co., assumpsit
t p. Carleton for plaintiff, j. w Gordon TO
I defendant.
An opinion was handed down in tn
= | Washington county SANDER case of Edga
u ! f. Smith against Hiram G. Moore judy
/ ment affirmed. Opinion by Judge Tyler
= The Windsor county case of stat
Q | against George n. Buchanan, assault wit
n intent to commit rape, exceptions wer
sustained Judgment reversed and caus
remanded for new trial Opinion b.
Judge Munson.