Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-12-12
THE LAW COURT.
December Term Opens Wednesday
Chief Justice Emery Presiding.


in this city opened formally at the
court house at 10 o'clock Wednesday
morning, suitable proclamation being
made by Sheriff Plaisted and prayer be-
ing made by Rev. David H. Evans of
the South Congregat ional Church
Seated on the bench was Chief JUS
tice Emery and his associates. White
house. Strout. Savage. Spear and Cor
nlsh. The bar was We'll filled with
members of the Androscoggin county
bar. as well as many members of the
legal fraternity from other counties.
Among the lawyers present from An
droscoggin county were the following:
Judge Harry Manser. Auburn; A. L.
Kavanah. Auburn: Tascus Atwood,
Auburn; Frank A. Morey. Lewiston; p.
| W. Cockrell, Lewiston: w. H. Judkins.
Lewiston: Judge w. H. Newell. Lewis
ton; f. NJ. Briggs, Lewiston: Wallace
H. White, Jr.. Lewiston: H. f. Coolidge,
Pittsfield; George D. Bisbee, RumfOrd
Falls
Announcement has been made by
Chief Justice Emery of the assignment
of justices for the nisi prius terms of
the Supreme court for the year 1903, as
| follows:
-tHuIOScbSSil-JanQa savage;
April. Peabody: September, Cornish
Aroostook April Cornish: Septem-
Der. Spear; November, at Caribou. Saw
age.
umherland-January. Strout: April
Whitehouse; October. Spear
Frank lin February. King; MAY.
WhitChouse: September, StrOut
Harcock--April. Spear: October. Cor
nish.
kennebec-March, Peabody; October
WhtehouSe.
knox-January. King; April, Strout;
September Savage
I.incOln-Npril. StrOut: October. King.
GAford-1Iarch, Whitehouse; May. at
Runford Falls. Spear: October, Strout
P"ncks@otLJanuary. Emery; Febru-
airy, Emery; April, King: August. Saw
age; October. Savage.
cataqIis-January. Cornish May,
King: September. Whitehouse
SagadahOc April, Emery: August
StrOut: December Cornish
Waldo--January, Spear: April. Saw
| age: September. Peabody.
Washington January, Whitehouse:
April al Calais, Emery; October. Pea
body
fark-January, Peabody: Nav. Corn
ish: September, Emery.
The following are the assignments Of
the justices for the law terms
Bangor term, first Tuesday of June
| Chief Justice Emery and Associate JUS
tees Strout. Savage, Peabody and
Spear.
Portland tern, fourth Tuesday of
June. Chief Justice Emery and asso-
ciate Justices Whitehouse. Strout. SAY
age, Peabody. Spear.
Augusta term. second Tuesday OF
| December, Chief Justice Emery ana
Associate Justices Whitehouse. Strout.
Spear. Cornish and King
The case of Flynn in Equity w
| American Rank and Trust Co, occu-
| pied the entire attention of the court
| Wednesday morning. The case was
argued for the plaintiff by Harry r
Coolidge, the other attorneys being
Newell and SHELTON of Lewiston. Sew
eral attorneys represented the defend
ant cause, among them John A. Morril!
Cakes Pusfer and Jordan. Reuel w
Smith, G. Vev Holman. William Jen-
liinS and others.
! The suit was brought to enforce the
double liability of the stockholders OF
the American Bank and Trust 60, So
called in Auburn. The matter went
into the hands of the receiver in De-
cember, 1896. HS
| l.. Lyman Small of Auburn was APP
pointed a receiver and he dafaulted.
He was removed by order of the court
and Seth NJ. Carter of Auburn was ap-
pointed to take his place. The assets
were sufficient to pay principal due
creditors and interest to Jan. l. 1897.
| The suit is brought to compel the
stockholders to pay for accrued interest
during the process of administr2 ton by
| the receivers.
The stockholders claim their liability
is barred, under the SiX-year statute
| Of limitations. They also claim that
they are not liable to credits for inter
est and that they are entitled to take
advantage of the defalcation of Small,
| the receiver. They also claim that i:
they are liable ii is not at per cent,
the legal rate. but at 8 per cent. and
4 per cent. which was paid while th2
| company was transacting business. The
decision in this case will be given lat
| cr
The afternoon session Of court open
ed at 3 clock, the first case heard be
ing that of Tracy VS.. cobb argued by
Tascus Atwood Of Auburn for the plain
tiff ana w. II. Judkins Of Lewiston for
the defendant. This is a claim against
an estate for services rendered.. re-
ferrcd to Judge C. p. Mattocks Of Port
land. who found nothing due the plain
tiff The plaintiff brings the account
to this court on exceptions.
Aroostool, Cumberland and Franklin
county cases come before the court to-
ldnN kennChec county cases have been