Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1906-01-25

and was emanded to the custody of
the sheriff.
State VS.. Harry Page from Caledonia.
county. An information was filed
against the respondent and the case
comes to the supreme court on exoep
lions by respondent, claiming a defec-
tive information. In the lower court
the demurrer was ovorruled pro forma
and the Information was adjudged
sufficient. The opinion by Judge Pow
ers to-day affirmed this Judgment and
the cause is remanded.
Herbert NJ. Jewett VS.. Murray Buck.
from Caledonia county land case from
the town Of Wheelock. In the lower
court there was verdict for the plain
tiff to recover $500. and 500 exemplary
taxes. Exceptions by the defendant TO
judgment for more than $500. Judgment
reversed and cause remandcd. Opinion
by Judge watson.
Clarence II. Marsh, $. Webster Jonas
and Harry M. Jones vs. Edward s.
Marsh, George u. Post Jr, and Ebene-
ger J. Ormsbee, ms administrator to the
estate Of Eliza Il. Marsh from Rutland
county. In the lower court the demurrer
of Il. s. Marsh TO the bill of the com
missioners was sustained pro forma
and the case came to supreme court.
In the opinion by Judge Munson the
pro forma decree was overruled. the
bill adjudged sufficient, and cause re-
manded.
r. f. Samson ct al, vs. town of
Grand Isle to show cause why it should
not maintain a high school in accord
ance with a vote of the town, which
vote was later rescinded. The COM
plant alleges that the town had no
right to rescind such vote COMPLAINT
dismissed with costs. Opinion by Chief
Justice Rowell.
JUDGE STARTS LAST WORK.
State VS.. Calvin Miles, killing deer I'M
lawfully, from Franklin county. In this
case the respondent claims that thu acts
Of 1894 and 1896 regarding killing of deer
are unconstitutional because they dis
criminate against residents of Vermont
in favor of non-residents and that il
is unconstitutional for the FISH and game
commissioner to grant licenses to non
resident hunters. In Franklin county
court the demurrer was overruled pro
forma and the information against the
respondent was adjudged and the cause
was remanded. This opinion which was
read by Judge Powers was prepared by
the late Judge Start and was finished
by him the Saturday before he died on
Tuesday.
p. w. Menley VS.. the Vermont Mutual
Fire Insurance Co, from Windham coun-
ty. This case grew out Of burning of
the buildings of the plaintiff in the town
of Dummerston. In county court a YER
dict for the defendant was ordered after
the defendant company had rendered its
check in payment, after proof of loss
This judgment of the lower court was
reversed and the cause rcmanGed. Opin-
ion of Judge Powers.
Ray II. Mixer, by next friends. vs. ].
Newton Herrick and others, from Wind
ham county. This suit grew out of de-
fective sidewalk in the village OF Brat
tleboro, which the plaintiff claimed was
a nuisance, making defendant liable. The
Judgment Of the lower court was affirm
cd and the cause remanded. Opinion by
Judge Watson.
WATERMAN INDICTMENT HOLDS.
State vs. Robert Waterman. murder.
from Essex county. This is known as
the checkerberry poisoning case and
comes to supreme court before trial on
plea OF the respondent on the disqualified
ton OF grand juror who helped draw
the indictment. The opinion by Chief
Judge Rowell dismitses this plea and
finds that the Indictment holds.
Samuel johnson VS. the Boston &
Maine railroad, from Windsor county.
The defendant was injured at Lebanon.
NJ H., in 1902. by being struck by an
overhead bridge while employed as a
brakeman. In the lower court YER
dict for the defendant was directed by
the court with Judgment on the YER
dict and the opinion Of Judge Powers
to-day affirms this judgment.
]. +. Colston vs.. w. W. Bean. fraud
and trover, from Windsor county. The
plaintiff in the lower court recovered
3SG4.65 damages and costs. The opin-
ion by Judge Tyler afirms this judg-
ment.
In re, estate of Whtcomb II. Church
William T. Broston, executor OF S. X
Church's estate. claimant apt. an ap-
peal from commissioners from Wind
sor county. Judgment reversed, demur-
rer sustained. plea adjudged INSULT
cient and cause remanded Opinion
by Judge Watson.
STATE WINS INHERITANCE TAX
CASE.
In re, collateral inheritance tax Julia |
+. Hickok's estate, state OF Vermont, |
apt, an appeal from probate, from T,
county. 1t was claimed by |
the administrator of the Hickok es-
tate that it is unconstitutional to lay |
an inheritance tax on property outside |
the State. In the lower court there !
was judgment pro forma for the APP
pellant and the opinion by Judge Mum
son to-day affirms this judgment and |
orders IT certified to probate court
Rose Belheumer VS.. Harry r. Tho
mas. ba stardy, from Chittenden county. |
The lower court ruled that IL claimed |
release is not a bar to action and the !
plaintiff claimed that a release held |
by the defendant was obtained by ,
fraud. Judgment reversed and judg-
ment for defendant. Opinion by Judge |
Tyler.