The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1909-05-21
MISS DUNLEVY is
RESTRAINED G. A
Another Injunction Granted in
Suit Against Mr.. Fenton.
BILL OF SPECIFIC PERFORMANCE
To Make Plaintiff Live up to Terms of
a Settlement Agreement Said to
Have Been Drawn up in Boston Feb.
10. 19O7-Case Held up Again.

The latest development in the now ia.
nous Dunlevy-Fenton breach of promise
suit is a bill for specific performance
brought through his solicitor, e. j. Wa
terman, by the defendant, Edward j.
Fenton, who has secured from Chancellor
Zed S. Stanton an injunction restraining
Miss Katherine Dunlevy from prosecuting
the bill until she shall have conformed
to the terms of an agreement made short
" after the suit was first brought.
This agreement it is alleged was drawn
nm in the office of a Boston lawyer, AL
bert Garceau, Feb. ID, 1907, by Herbert
G.. Barber, counsel for Miss Dunlevy, and
R. G. Bacon, attorney for Mr.. Fenton.
| According to its terms Miss Dunlevy, her
heirs or any other parties were to waive
all rights and claims and she was to set
tie the case for the sum of $500, and this
amount was deposited subject to her or
der in a Boston bank on Feb. IA. Mr..
Fenton claims in his bill that at that time
the necessity of depositing the $500 was
a serious matter to him in its relation to
siderable expense to have this agreement
drawn up, as he was obliged to send the
attorneys to Boston a second time to OBJ
tain dispositions in the case, which they
would have obtained on the first visit had
it not been for the time taken in draw
ing up the agreement. While he was not
in Boston at the time, Mr.. Fenton states
that he was in close touch with both at
torneys while the agreement was being
drawn, and he believes it to have been
drawn up as has been stated.
Dunlevy against Mr.. Fenton in Novem-
Der 1906 for damages in the sum of $751;
900 for breach of promise to marry. A
previous injunction was granted to Mr..
Fenton on a bill of discovery brought
some time ago by Mr.. Fenton through his
attorneys, he claiming that Miss Dunlevy
had in her possession certain letters, "
in number, which he needed in defending
the suit.
Chancellor Miles found that these let
tiers were written and were OF the tenor
claimed by Miss Dunlevy, and 26 of them
were surrendered by her in open court,
and in consideration Of the facts the IN
junction was dissolved. The case was
then open for trial in Windham county
court and was set for the present term,
being No. 1862 on the court docket, but
the Injunction which has just been grant
ed BY Chancellor Stanton has effectually
blocked the case in this direction.
The Injunction prevents Miss Dunlevy
from prosecuting the present suit at
this or at any other term of the
Windham county court unless by special
order of the court or until she conforms
to the terms of the agreement. 1t was
granted by Chancellor Stanton at Mont
pelier on May IL, but the papers were not
served on Miss Dunlevy until Tuesday
when she returned from an out-of-town
visit. Service was made by Deputy Sher-
if Myron P. Davis. A hearing on the in
will probably take place soon.
Miss Dunlevy will file her answer with
in a day or two. It will set forth in sub
stance that neither she nor anyone au-
by her ever released Mr.. Fenton
from liability in the suit.