The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1902-06-04
SUPREME COURT.

An opinion was handed down We'd.
nesday in the rape case of State
against Peter Manning, from Windsor
county. Judgment and sentence re-
versed, verdict set aside and cause re-
manded for new trial
In the Essex county case of Melvin
c. LETTERS against Pease & Stevens,
an opinion was rendered by Judge
Watson in which the judgment of the
lower court was affirmed
In the Washington county case of
Morris McKinstry against o. r. Col
Inns and b. H. Lowell, an appeal from
taxation of cost, the decision of the
clerk of court was affirmed H. @.
Shurtletf for plaintiff J. 2. Lamson
for defendant.
Other cases heard OH Tuesday were
Mrs NJ. L. Gage VS.. J. f.. McSwee-
ney from Washington county. This
is foreclosure case from Barre which
was heard before special master F. A.
Rowland and upon whose report de-
cree was made against the defendant,
by which he must pay S3, 337 81 and
interest and costs in order to avoid
foreclosure. Il. W. Bisbee for oratrix
Gordon and Jackson and II. w Scott
for defendant.
Albert Reynolds VS. Henry Rey-
nolds from Grand Isle county This
is a suit in assumpsit, the parties be-
ing brothers. The main controversy
is as to whether according to the con
tract under which the plaintiff was
working for the defendant the defend
ant is now under obligation to deed
the plaintiff half interest in the
home farm A. A. Hall and j. p
Ladd for the plaintiff; f. w. McGet-
trick for defendant
The Franklin county case of w. b.
Fonda VS.. l. l.. Gibbs ct. al, was
heard by agreement, the arguments
being made by harrington q Post, for
defendants, and G. w. Writers for
plaintiff
The case of S. II. O. Bosworth VS..
Charles Def. Bancroft from Wash
ington county was heard This is an
action on the case to recover for taxes
paid to the defendant as tax collector
of Montpelier The case is in Su-
preme court to determine what must
be proved in such an action is for
wrongful conversion of the property
which the collector took and sold to
| pay the taxes. E. II. Deavitt for plant
| if; F. p. Carleton for defendant
The case of l.. p Gleason VS.
George O. Carpenter ct. al, was sub
mitted on briefs by Dillingham;, Huse
| q Rowland for the plaintiff and E.
| II. Deavitt for defendant
The case of James W. Brock, admr
VS.. Brotherhood Accident association
was heard. In this case the question
is whether the defendant is liable for
81, $50 or 80, 600. The plaintiffs in
testate, Fred W. Frink, was killed
| by falling from a train while taking
a horse from Montpelier to a town in
| Pennsylvania for friend He was
doing it to pay the expenses of va
cation trip. The question is did he
bring himself by so doing under the
clause of his policy relating to the in
surance to be recovered if he engaged
in "A more hazardous occupation than
the one he was insured for. Dilling-
ham, Huse q Rowland for plaintiff,
George W. Wing for defendant
In the case of Joseph Yatter VS..
Omar Miller, judgment was rendered
for plaintiff, the clerk to assess dam
ages. J. W. Wing for plaintiff; Dill
lingham, Huse q Rowland for defend.
| ant.
After a term of four weeks Supreme
Court reached final adjournment Thurs.
day. The judges will meet on Thurs
day, August FL, to render decisions or
cases heard at this term.
| Decisions were rendered Thursday in the
following cases: State against w. c
Young, larceny, from Windsor county
| Judgment that there was no error in lower
court and respondent takes nothing by
his exceptions. He was sentenced ir
December last to not less than three MOI
more than five years at hard labor ir
State prison. Sentence was respiteo
pending exceptions and bail in the sun
$4,000 was furnished Young will be
taken to Windsor on Saturday to com.
mence his sentence.
w. G. Paynee against Watson B
Gould from Franklin county. Motion
for hearing overruled, Opinion by Judge
Watson.
Josiah Cleveland executor of Helen S
Cleveland against G.. L. Martin, execu.
tor of Eleazer Smiths estate, appeal from
commissioners, from Orange county
Judgment reversed and cause remanded
Opinion by Judge Watson.
w. +. Laird assignee, against f. H.
Perry, from Washington county, pre-
forma decree reversed and cause remand.
ed with mandate. Opinion by Judge
! Watson