The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1903-08-06
SUPREME COURT.

hour until noon opinions we're read
and decisions rendered by the judges,
when recess was taken until two
O'Clock this afternoon. For the first
time in nearly a year Chief Judge
Rowell, who has been i'll, was in his
place as presiding judge, thus making
a full bench in attendance.
Three men were admitted to the bar,
Cassius r. Peck of Burlington, George
l.. Hunt of st. Johnsbury and John j.
Enright of Burlington. Judge Row
ell explained that Peck and Hunt
passed the bar examinations last fall
but had not been registered long
enough to be admitted then, under the
rules. Enright had formerly been an
attorney but was disbarred. Recently
a petition for reinstatement had been
made and the commissioner appointed
had reported favorably as to Mr.. En-
rights moral character at the present
time. The oath was administered by
CLERK Smile, all members Of the bar
standing.
Among the cases decided we're four
from Washington county, one Of these
being a Montpelier tax case, Alice II.
Phillips V. Charles Def. Bancroft,
collector of taxes The pro forms de-
cree of the court of chancery is sus-
tanned, the decree in that court being
one Diminishing the bill. The bill was
to recover the amount of "a tax assessed
on grand list of $50, made up by the
listers for Mrs. Phillips. After the
board of civil authority refused to
change the list on appeal, the court Of
| chancery is held to have no jurisdic-
ton of the matter. Opinion by Judge
| Watson.
In the insurance case of Harvey
Hersey VS.. Northern Assurance Co.,
which was argued on demnrrers, the
| pro forma Judgment was reversed and
cause remanded. The first and Sec
ond counts in the declaration were
held sufficient and the other four in
sufficient. Opinion by Judge Stafford
In the Woodbury. foreclosure case of
John @. Haskell VS.. Holt and Daniels
the decree for orator was sustained
and cause remanded. Opinion by
Judge Tyler.
Judgment was reversed in the Barre
case of Jessie l.. Ingram V. James In
| gram, petition for support. In coun-
ty court finding of facts as to the
reason why the petitioner was living
apart from the petitionee was admit
ted in evidence on behalf of the petit
| toner. These facts were found on the
| trial of divorce between the same par
| ties a short time before when the hus-
| band was denied bill. In the pres
ent matter county court ordered the
| petitionee to pay the petitioner So per
! week for her support. Now the court
/ holds the finding of facts improperly
admitted in evidence and reverse the
order. Opinion by Judge Tyler.
| Other decisions rendered were as
follows: Bennington county: Fred
eric Godfrey, Collector of taxes, V.
Bennington Water Co., Judgment for
| plaintiff for tax ON portions of plant
in collectors jurisdiction affirmed.
Judge Watson gave the opinion.
CALEDONIA county, Frank p. Thomp-
son TT, VS.. Henry Fairbanks. Judg-
ment for defendant was sustained.
Opinion by Judge Watson. Robert j.
McDowell's apt. VS.. Thomas Mellow
ellis Est, Judgment affirmed. Opinion
by Judge Munson.
Windsor county, State VS.. Leonard
Ward, for killing doe, the respondent
takes nothing by his exceptions.
Opinion by Judge Stafford.
Orange county, Fred o. II. Frappiea
V. Nelson S. Johnson, trover for two
horses, judgment for plaintiff for 500
and costs was affirmed. Opinion by
Judge Tyler. E. A. Stewart and
George d. Walworth, adm rs, VS.. B.
W. Braley, administrator, judgment
reversed and cause remanded that
the case be recommitted to the COM
missioner for finding of facts relative
to rate of interest earned by money in
hands of administrators. Equitable
Mfg. Co. VS.. H. O. Allen, Judgment
reversed and Judgment for plaintiff.
Grand Isle county, Elisha N. Good
sell VS.. Rutland Canadian Railway
Co., motion for rehearing denied.
The Windham county case of Daniel
Kellogg ct al. VS.. Boston & Maine R.
r. Go. and vt. Valley r. r. Co., was
entered discontinued without costs.
AT few minutes past twelve re-
cess was taken until two. when the
business will be finished and final ad-
journment taken
| Supreme Court concluded its work
for the May term ON Thursday after
noon with final adjournment at few
minutes past three. The following
cases were decided in the afternoon.
City of Montpelier v. Capital Savings
Bank ct al, decree of court of chanc-
cry, adjudging bill of interpleader in
sufficient, affirmed and cause remand
ed. This is Montpelier's we'll known
schoolhouse case. which arose from a
contractor becoming bankrupt, who
was building schoolhouse for tho
city. Opinion by Judge Stafford.
The Windham county case of Julia
f. Woodward's estate vs.. Ira B. Hol-
ton ct al was reversed. and Judgment
given for the legatees under the will
to recover the face of the legacies
with interest from one year after the
death of the testator. Opinion by
Judge Munson.
Hartford Life Insurance Co. VS..